Top Side Briefing in Haaland v. Brackeen

This case is a little complicated regarding the name and who is filing when. The Court is keeping all of the documents under case number 21-376, which is Haaland v. Brackeen. But in its order granting cert, the Court stated that Texas and the foster families would file first, or be “top side” in the briefing schedule. The federal government and the tribes will file on August 5, and the subsequent amicus briefs on August 12.

If you are thinking about a pro-ICWA amicus brief and have not yet talked to Dan Lewerenz (lewerenz@narf.org) at NARF now is the time to reach out. If you are a tribe looking to sign on to the tribal amicus brief, please reach out to Erin Dougherty Lynch (dougherty@narf.org), also at NARF.

Top Side Principle Briefs

Brackeen_Haaland v. Brackeen — Opening Brief

Texas_Haaland v. Brackeen – Opening Br. for Texas

Top Side Amicus Briefs

CatoGoldwaterFosterParents_Amicus Brief

CJJr_PLF Amicus Brief – BRACKEEN – 2022.06.01 – FINAL

OklahomaOhio_Brackeen Amicus

ProjectforFairRep_21-376 -377 -378 -380 ICWA Amicus Brief

NewCivilLiberties_21-378 Amicus NCLA Supp. Pet.

CERA_CERF Amicus Brief in Support of No Party -Final-6-2-22

ChristianICWA_21-376 -377 -378 and -380 Brief

AAAA_21-376 Amicus AAAA and NCFA

Notable additions to the anti-ICWA amicus briefs include Oklahoma and parties of ICWA cases past.

Oklahoma’s “Indian Status” Cert Petition

Here are the materials in Oklahoma v. Wadkins:

Lower court materials here.

Adams v. Dodge Cert Petition

Here:

Questions presented:

1. Whether federal plaintiffs seeking to challenge their non-federal prosecution on the basis of bad faith face a heightened pleading standard.

2. Whether actions taken by the clerk of a non-federal court to impede review of a habeas petition obviate the petitioner’s need to further exhaust remedies in that court.

Lower court materials here.

SCOTUS Denies Cert in Indian Tax Case — Albrecht v. Riverside County

Here is yesterday’s order list.

Cert petition here.

Amicus brief:

SCOTUSBlog Recap of Castro-Huerta Oral Argument

Here is “With historical promises in mind, justices weigh state criminal jurisdiction in Indian country.”

Previews of the case are here.

Background materials are here.

A Little More Hype for the Castro-Huerta Argument Today—Greg Ablavsky’s “Oklahoma’s Bizarro Nineteenth Century in Castro-Huerta”

Here.

Yeah, I doubt Greg was thinking of this Bizarro, but the reverse-Superman Bizarro is too creepy.

Preview of Tomorrow’s Argument in Oklahoma v. Castro-Huerta

Background materials on the case here.

SCOTUSBlog preview (by Fletcher): “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country

Atlantic (by Rebecca Nagle and Allison Herrera): “Where Is Oklahoma Getting Its Numbers From in Its Supreme Court Case?

NonDoc: “SCOTUS to hear state’s McGirt challenge in Oklahoma v. Castro-Huerta

Boston Review (by Mary Kathryn Nagle and Emma Lower): “What Will It Take to End Violence Against Native Women?

Yes, Spirit is set to argue for the defense. . . .

SCOTUS Denies Cert in Two Indian Fishing Cases

Here is today’s order list.

The court denied cert in Scudero v. Alaska (cert stage materials) and Snoqualmie v. Washington (cert stage materials).

Where cert petitions go to dieU.S. Supreme Court interiors. Corridor, U.S. Supreme Court

Oklahoma v. Castro-Huerta Background Materials

Supreme Court Merits Briefs:

Petitioner’s Brief

Respondent’s Brief

Reply

Merits Stage Amicus Briefs Supporting Petitioner:

Oklahoma DAs and Sheriffs Amicus Brief

Police Chiefs Amicus Brief

Industry Amicus Brief

States Amicus Brief Supporting Oklahoma

Tulsa Amicus Brief

Merits Stage Amicus Briefs Supporting Respondent:

United States Amicus Brief

Five Tribes Amicus Brief

NCAI Amicus Brief

Former US Attys Amicus Brief

Peace Commission Treaty Tribes Amicus Brief

NIWRC Amicus Brief

Scholars Amicus Brief

Cert stage materials in Oklahoma v. Castro-Huerta:

Petition.pdf

Oklahoma DAs Association Amicus Brief.pdf

Oklahoma Environmental Federation Amicus.PDF

Texas Amicus Brief.pdf

Tulsa Amicus Brief.pdf

Castro-Huerta BIO.pdf

Cherokee Nation Amicus Brief.pdf

Chickasaw and Choctaw Amicus.pdf

MCN Amicus Brief.pdf

Oklahoma Cert Reply.pdf

Lower court materials:

OCCA Opinion.pdf

Castro-Huerta Brief on Reservation Disestablishment.pdf

Cherokee Amicus Brief.pdf

State Brief on Concurrent Jurisdiction.pdf

Castro-Huerta Response Brief on Concurrent Jurisdiction.pdf

Oklahoma District Court Opinion.pdf

Castro-Huerta Petition in Error

Castro-Huerta Motion to Issue Mandate

OCCA Order Issuing Mandate

Also, the plea agreement in United States v. Castro-Huerta (N.D. Okla.):

SCOTUS Denies Cert in Penobscot and Yakama Cases

Here is today’s order list.

Here are the materials in Penobscot Nation v. Frey.

Here are the materials in in Klickitat County v. Confederated Tribes and Bands of the Yakama Nation.