Several Indian law cert petitions are set for discussion today at the Supreme Court’s conference (which is their fancy way of saying they’re meeting as a group of 9 to discuss pending cases; where they decide whether or not to accept a cert petition). Here’s a list:
Grand River Six Nations Enterprises Ltd. v. Boughton
Several of the McGirt-related petitions
The fun keeps going next week:
Klickitat County v. Yakama Nation Cert Petition
And the week after that:
All the briefs are here. The Court will first consider the case at this Friday’s conference (1/7).
Here.
Here is the opinion in Herrera v. State of Wyoming:
State SCT cert stage briefs:
ResponseObjection – Petition for review
Prior post here.
Here is the petition in Jamestown S’Klallam Tribe v. Lummi Nation:
Question presented:
The question presented is whether the Ninth Circuit—in conflict with decisions of this Court and other courts—properly abrogated the long-settled and original understanding of a central treaty term, without any legal or factual basis for doing so, and while redefining the boundary of a major body of water to accommodate its novel treaty interpretation.
Lower court materials here.
Here is the petition in Klickitat County v. Confederated Tribes and Bands of the Yakama Nation:
Questions presented:
1. Whether, or in what circumstances, a court may override an Act of Congress adopting a boundary for an Indian reservation, and set its own boundary.
2. Whether the Ninth Circuit erred by holding-in conflict with the decisions of this Court, including a decision involving the very boundary at issue-that the Reservation encompasses the area at issue.
Lower court materials here.
Here is the petition in Penobscot Nation v. Frey:
Here is the petition in United States v. Frey:
Question presented (from the Penobscot petition):
Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.
Lower court materials here.
Update:
Merits Stage
Alabama-Coushatta Tribe of Texas Amicus Brief
Cert Stage
Ysleta Del Sur Pueblo’s Cert Petition
Reply of petitioners Ysleta del Sur Pueblo
Brief amicus curiae of United States in favor of SCOTUS review
Fifth Circuit
Texas v Ysleta del Sur Pueblo 5th Circuit Opinion
Alabama-Coushatta Tribe Amicus Brief
District Court
54 tribe supplemental memo re cause of action
83 Tribe Motion to Dismiss First Amended Complaint
97 Texas Motion to Dismiss Counterclaims
121 First Amended Counterclaims
146 Texas Motion for Summary Judgment
147 Texas AG Motion for Summary Judgment
153 Tribe Response to Texas AG
Merits Stage Materials
National Association of Criminal Defense Lawyers Amicus Brief
Tribal Governments Amicus Brief
Cert Stage Materials
United States’ Brief in Opposition
Tenth Circuit Materials
United States v Denezpi Tenth Circuit Opinion
District Court Materials
1-1 Criminal Information Sheet
32 DCT Order Denying Motion to Dismiss on Double Jeopardy Grounds
Turtle Talk 
You must be logged in to post a comment.