Supreme Court

State of Oklahoma v. Kepler Cert Petition [Request to Overrule McGirt]

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

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

Lower court materials (Kepler v. State):

Order

State Brief

Kepler Notice

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

Matthew L.M. Fletcher

Here:

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.]

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

Here:

oklahoma cert petition.pdfDownload

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

Matthew L.M. Fletcher

Here is the petition and appendix:

Cert Petition

Appendix

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?

Update:

Federal Opposition Brief

SCOTUS Denies Cert in Two Indian Law Cases

Matthew L.M. Fletcher

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).

Strict Scrutiny Podcast on the Yellen v. Chehalis Decision

Matthew L.M. Fletcher

Here. It’s near the end, but a lengthy, substantive discussion.

SCOTUS Denies Cert in Club One Casino v. Haaland

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage briefs in Club One.

SCOTUS Denies Cert in Challenge to Indian Health Service Contract with Cheyenne River Sioux Tribe

Matthew L.M. Fletcher

Here is today’s order list.

Here is the case page for Gilbert v. Weahkee.

Liz Reese Full Commentary on the Cooley Decision

Matthew L.M. Fletcher

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.