SCOTUS Denies More Oklahoma Petitions, Still Holding on Brackeen, Yakama, and Standing Rock Petitions

Order list here. Prior post detailing the other petitions here.

Suquamish Indians waiting . . .

Here are the materials in Oklahoma v. Davis, a petition in which Oklahoma only asked to overrule McGirt:

Oklahoma v Davis Petition

Davis BIO

MCN Amicus Brief

Reply

There are a bunch more denials of Oklahoma’s brilliant papering strategy (we’ll post materials later, cuz we have lives and Tribal Law won’t teach itself  . . . or will it?):

Oh and because we can’t have nice things, the Court granted the Harvard affirmative action case, too.

SCOTUS Grants Oklahoma Petition to Consider Whether the State Can Prosecute Non-Indian – on – Indian Crime in Indian Country

Here is today’s order.

The grant is limited to question 1 — here are the questions presented:

  1. Whether a State has authority to prosecute non- Indians who commit crimes against Indians in Indian country.
  2. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Cert stage materials in Oklahoma v. Castro-Huerta:

Lower court materials:

SCOTUS Holds Brackeen, Oklahoma’s Deranged McGirt Stuff, and now the Yakama Reservation Petition

Here is today’s order list. See prior post here.

The Court denied cert in two McGirt-related petitions filed by prisoners:

Bentley v. Oklahoma: Bentley Petition

White v. Oklahoma: White Petition

Getting a little bored.

SCOTUS Holds Brackeen and Oklahoma’s McGirt Petitions, Other Petitions Denied

Today’s order list.

The petitions in Haggerty, Stand Up, GRE Six Nations, and Tanner were all denied (see prior post).

The court also denied three McGirt-related petitions from Oklahoma prisoners:

Parish Petition/Amicus/BIO/Reply

Davis Petition

Compelleebee Petition

We’ll just keep waiting.

Big Day for Indian Law at the January 7 SCOTUS Conference [a mini-long conference???]

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:

The Brackeen/ICWA petitions

Grand River Six Nations Enterprises Ltd. v. Boughton

Haggerty v. United States

Several of the McGirt-related petitions

Yet another Stand Up petition

Tanner v. Cayuga

The fun keeps going next week:

Klickitat County v. Yakama Nation Cert Petition

And the week after that:

Dakota Access v. Standing Rock

Haaland v. Brackeen [ICWA] Cert Stage Briefing Completed

All the briefs are here. The Court will first consider the case at this Friday’s conference (1/7).

Native America Calling Show on Post-McGirt Oklahoma Tuesday January 4

Here.

Wyoming Appellate Court Orders Hearing in Herrera Matter; State Appeals to State SCT

Here is the opinion in Herrera v. State of Wyoming:

District Court Opinion

State SCT cert stage briefs:

Petition – Writ – review

ResponseObjection – Petition for review

Prior post here.

Tribal Amicus Brief Supporting Cert Petition in LTBB v. Whitmer

Here:

Petition here.

Sklallam Tribes’ Cert Petition over Lummi Nation U&A [U.S. v. Washington subproceeding 11-02]

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.