Supreme Court

Nazune Menka on Overturning Roe

Matthew L.M. Fletcher

From the Berkeley Blog: “Overturning Roe: The Supreme(ly Colonial) Court.”

Brian Gilmore on the Supreme Court as Medieval Lunacy

Matthew L.M. Fletcher

Here is “Yes, Get Rid of the Supreme Court.”

Yay! Another opinion day.

SCOTUS Denies Cert in 1 Indian Law Case

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Acres Bonusing Inc. v. Marston — cert stage briefs here:

Acres Bonusing Cert Petition

Opposition

Reply

Lower court materials here.

Tribes’ Amicus Brief in SCT Case on Scope of Clean Water Act

Matthew L.M. Fletcher

Here is the brief in Sackett v. EPA:

Tribal Amicus Brief.pdfDownload

SCOTUS Rules in Favor of Tribal Gaming in Ysleta del Sur Pueblo v. Texas

Matthew L.M. Fletcher

Here.

Briefs and things here.

Gila River Indian Community Response to PLF Amicus Brief in Brackeen

Kate Fort

We rarely post press releases, but this exception is an important one. Here is the Gila River press release explaining more about the C.J. Jr. case that the Pacific Legal Foundation is trying to use to undermine ICWA.

GRIC Statement on PLF Brief 06-07-22[3]

 

PLF’s brief falsely portrays ICWA as causing delays in C.J., Jr.’s and other cases. The delays in C.J., Jr.’s case were caused not by ICWA, but the failure of the Ohio courts and child welfare agencies to timely notify the Community of the case and an unprecedented level of obstruction and bias against the Community from the court–appointed guardian ad litem (who filed two appeals of the juvenile court’s decisions and moved to delay resolution of the appeals). The Community successfully sought removal of the guardian for misconduct and bias, but only after lengthy delays. PLF is fully aware of this, as one of the attorneys who signed their amicus brief in Brackeen v. Haaland represented the guardian ad litem who was removed from the case.

SCOTUS Affirms in Denezpi v. United States

Matthew L.M. Fletcher

Here is the opinion.

Briefs and other materials here.

Hawaiian ghost flower

States’ Cert Petition in Navajo Nation Water Rights Case

Matthew L.M. Fletcher

Here is the petition in Arizona v. Navajo Nation:

arizona-v.-navajo-cert-petitionDownload

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and *ii manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon this Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?

II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.