Albrecht v. County of Riverside Cert Petition [Leasing Regs + Taxation Preemption]

Here:

Lower court materials here.

Questions presented:

  1. Do the federal regulations governing the leasing of Indian lands preempt state and local governments
    from taxing the leasehold interest conveyed by the regulated leases?
  2. Does the express preemption provision of the Indian Reorganization Act of 1934—which prohibits
    state taxes on “any interest in lands” that the government “acquire[s] pursuant to this Act … in trust
    for [an] Indian tribe or individual Indian”—apply when the government acquires extended trust rights
    pursuant to the Act?

SCOTUS Denies Cert in Shingle Springs Miwok Matter

Here is Monday’s order list.

The Court denied cert in Caballero v. United States, lower court materials here.

The tribe described an earlier incarnation of this case as “sovereign identity theft.”

SCOTUS Denies Two Indian Law Related Petitions

Here is today’s order list.

The Court denied Samish v. Washington, an effort by the tribe to assert treaty rights, and Hawkins v. Haaland, a challenge to the Klamath Tribes’ regulation of the Klamath River.

Our Overworked Supreme Court

Native America Calling Episode on the Supreme Court Tomorrow (3/9/22)

Here.

Kate Fort on the Texas Standard Radio Show re: ICWA

Here: “US Supreme Court to take up Texas challenge to Indian Child Welfare Act.”

Rawhide Press [Spokane Tribe] 1982

Brackeen/ICWA CLE from Fort

Since we all now have to deal with it, might as well deal with it together:

022822_BrackeenWebinar_Flyer

Topside Briefs in Oklahoma v. Castro-Huerta

Here:

Amicus briefs:

Oklahoma DAs and Sheriffs Amicus Brief

Police Chiefs Amicus Brief

Polluters Amicus Brief

States Amicus Brief Supporting Oklahoma

Tulsa Amicus Brief

Reply

Cert stage and lower court materials here.

Supreme Court Grants Texas v. Haaland

Here is the order

The Court granted the petition with no limitations, so the issues are not limited the way the government and four tribes requested. Arguments will be held next term (terms start in October, so after October, 2022).

Biden’s SCT Nominee is Ketanji Brown Jackson

NYTs

WSJ

WaPo

The only Indian law opinion we can find that Judge Brown Jackson wrote was in Fredericks v. Dept. of the Interior, a dispute over gas royalties at Fort Berthold.

The second Indian law opinion we found after actually making an effort to look is Mackinaw Band v. Jewell, where the court ordered the tribe to exhaust administrative remedies in a federal recognition suit:

Judge Brown Jackson also wrote an opinion in a pro se prisoner FOIA request to the Bureau of Indian Affairs, Kovalevich v. BIA. Judge Brown Jackson also rejected a facial challenge in Rothe v. Dept. of Defense to Section 8(a) of the Small Business Act that benefits many tribes and tribal businesses. In Sierra Club v. Army Corps, she excused the government from having to prepare an Environmental Impact Statement to assess environmental impacts from the approval of a domestic pipeline, a case that recalls the Dakota Access decision, which reached the opposite conclusion.

Judge Brown Jackson clerked for Justice Breyer in the 1999 Term, when Rice v. Cayetano was decision (Breyer went the wrong way on that one).

Judge Brown Jackson also clerked for First Circuit Judge Selya from 1999 to 2000. Judge Selya wrote the opinion in Ninigret Development v. Narragansett Indian Wetuomuck Housing Authority, where the court rejected a tribal sovereign immunity defense from a contract dispute.

Newsy [Allison Herrera]: “Supreme Court Justice Stephen Breyer’s Complicated Indian Law Legacy”

Here: