Supreme Court – Page 27

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?

(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Update:

Seminole BIO

US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes

December 10, 2020Matthew L.M. Fletcher

Here:

US Invitation Brief

Cert stage materials here.

Yakama Nation Cert Petition in Dispute with Yakima County over Criminal Jurisdiction

December 4, 2020March 16, 2021Matthew L.M. Fletcher

Here is the petition in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Yakama Nation Cert Petition

Question presented:

The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a non-Indian is involved in the crime.The question presented is:
Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1323 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Lower court materials here.

Update (3/4/21):

Brief in Opposition

Update (3/16/21):

Yakama Reply

SCOTUS Grants U.S. v. Cooley

November 20, 2020Matthew L.M. Fletcher

Here is the order list for today.

Here are the cert stage briefs.

Here are the lower court materials.

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

November 2, 2020Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials.

Cert Stage Briefs in United States v. Cooley

October 28, 2020Matthew L.M. Fletcher

Here:

Cert Petition

Respondent Brief in Opposition to Petition for a Writ of Certiorari

Cooley Cert Reply

Federal Govt. Brings Cert Petition on CARES Act Funding Eligibility

October 27, 2020Matthew L.M. Fletcher

Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:

Mnuchin v Chehalis Cert Petition

Question presented:

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

The Alaska Native Corps petition is here.

Lower court materials here.