SCOTUS Denies Cert in Case Raising Immovable Property Exception to Tribal Immunity

Here is today’s order list.

The Court denied cert in Seneca County v. Cayuga Indian Nation, materials here.

Liz Reese Commentary on Cooley Decision

From SCOTUSBlog, here is “Court unanimously holds that Indian tribes retain the inherent power to police non-Indians.”

Decision and materials here.

SCOTUS Reverses in United States v. Cooley

Here is the unanimous opinion from Justice Breyer.

An excerpt:

The question presented is whether an Indian tribe’s police officer has authority to detain temporarily and to search a non-Indian on a public right-of-way that runs through an Indian reservation. The search and detention, we assume, took place based on a potential violation of state or federal law prior to the suspect’s transport to the proper nontribal authorities for prosecution.
We have previously noted that a tribe retains inherent sovereign authority to address “conduct [that] threatens or has some direct effect on . . . the health or welfare of the tribe.” Montana v. United States, 450 U. S. 544, 566 (1981); see also Strate v. A–1 Contractors, 520 U. S. 438, 456, n. 11 (1997). We believe this statement of law governs here. And we hold the tribal officer possesses the authority at issue.

Another excerpt:

More broadly, cross-deputization agreements are difficult to reach, and they often require negotiation between other authorities and the tribes over such matters as training, reciprocal authority to arrest, the “geographical reach of the agreements, the jurisdiction of the parties, liability of officers performing under the agreements, and sovereign immunity.” Fletcher, Fort, & Singel, Indian Country Law Enforcement and Cooperative Public Safety Agreements, 89 Mich. Bar J. 42, 44 (2010).

Here are the briefs and other background materials.

SCOTUS Grants Stay in Oklahoma v. Bosse [post-McGirt criminal appeal]

Here are the materials related to the application for a stay by the State of Oklahoma in Oklahoma v. Bosse:

Oklahoma Application for Stay

Bosse Response

Oklahoma Reply

Chickasaw Nation Amicus Brief

US Amicus Brief

Lower court materials here.

Cert Stage Materials in Seneca County v. Cayuga Indian Nation [property tax]

Here:

Seneca County Petition Final

Brief in Opposition

Reply

Lower court materials here.

 

SCOTUS Denies Cert in Challenge to Seminole Tribe’s Sovereign Immunity

Here is today’s order list.

Here are the cert stage materials in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida.

Jamul Action Committee v. Simermeyer Cert Petition

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Strict Scrutiny Podcast Recap of the Yellen v. Chehalis Oral Argument

Here is “Barking Goldfish,” from Season 2 of the Strict Scrutiny podcast. Around 18:30, the crew starts talking about Chehalis argument. The transcript is available here (the Chehalis bit starts on page 7).

Marcia Coyle’s National Law Journal article, “Resolving Stalemate, Supreme Court Picked Lawyer for Key Pandemic Argument” — which is referenced in the podcast — is here if you have a subscription.

As always, Chehalis background materials are here.

Cert Opposition Brief in Seneca County v. Cayuga Tax Case

Here:

Brief in Opposition

The petition is here.

SCOTUSBlog: “Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations”

Here.

Chehalis background materials here.