Clay v. Commissioner of Internal Revenue [Federal Taxes on Gaming Per Capita Payments]


Cert Petition

Question presented:

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.

News Coverage of Indian Law Issues [McGirt, etc.]

NYTs: “Tribes’ Victory in Oklahoma at Risk in Bold Request to the Supreme Court

The Conversation: “The disturbing history of how conservatorships were used to exploit, swindle Native Americans”

CapTimes: “Q&A: UW Law student Michael Williams aims to help tribes with pursuit of law

New Republic: “Oklahoma Wants a Supreme Court Do-Over on Tribal Sovereignty

E&E News Greenwire: “How a big Alaska fishing case hooked a solicitor nominee”

Oklahoma v. Bosse Cert Petition


Questions presented:

1. Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because the crime of conviction occurred in Indian country.

2. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

3. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials here.

Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Here is the petition and appendix:

Cert Petition


Lower court materials here.

Question presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?


Federal Opposition Brief

SCOTUS Denies Cert in Two Indian Law Cases

Here is today’s order list.

Here are the cert petitions in the two denied cases, Phillips v. Oneida Indian Nation and Pierson v. Hudson Insurance Company (Pierson Cert Petition).

SCOTUS Denies Cert in Club One Casino v. Haaland

Here is today’s order list.

Here are the cert stage briefs in Club One.

Liz Reese Full Commentary on the Cooley Decision

From SCOTUSBlog here.

An excerpt:

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that tribal governments — and thus their police officers — retain the power to temporarily stop, and if necessary, search non-Indians traveling on public rights-of-way (highways) through reservations for suspected violations of federal or state laws. The unanimous opinion was authored by Justice Stephen Breyer. The decision represents an important affirmation of tribal inherent sovereign power by the new court and the first time the court has ever found that a tribe’s interest in addressing a threat to its political integrity, economic security, health or welfare was strong enough for the tribe to exert government authority of any kind over a non-Indian.