Supreme Court

SCOTUS Remands Four Okla. Criminal Cases, Grants Cert in Financial Services Cases Involving Tribal Businesses

Matthew L.M. Fletcher

Here is today’s order list.

The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.

NYTs: “Supreme Court Rules Nearly Half of Oklahoma Is Indian Reservation”

Matthew L.M. Fletcher

A wildly overblown headline, but here you go anyway.

Here’s another one, from CNBC: “Supreme Court says eastern half of Oklahoma is Native American land.”

And WSJ: “American Indian Lands Include Eastern Oklahoma, Supreme Court Rules.”

And NPR gets in on the action: “Supreme Court Rules That About Half Of Oklahoma Is Native American Land.”

SCOTUS Holds Creek Reservation is Indian Country

Matthew L.M. Fletcher

Here is the opinion:

McGirt Opinion

Briefs here.

In a separate order, the Court affirmed Sharp v. Murphy:

Murphy Order

SCOTUS Lifts Stay on Nationwide Pipeline Permit Injunction but Not for Keystone XL

Matthew L.M. Fletcher

Here is the order in United States Army Corps of Engineers v. Northern Plains Resource Council.

Here are the briefs:

US Army Corps Stay Application

Reply

Response

Lower court order here.

SCOTUS CVSGs FMC v. Sho-Ban, Denies Cert in Diné CARE v. BIA

Matthew L.M. Fletcher

Here is today’s order list.

FMC v. Shoshone-Bannock Tribes materials here.

Diné CARE v. BIA materials here.

United States Petitions for Cert in Case Involving Tribal Police Authority to Detain Non-Indians

Matthew L.M. Fletcher

Here is the cert petition in United States v. Cooley:

Cert Petition

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

Lower court materials here.

Update:

NCAI Amicus Brief

NIWRC Amicus Brief

Waiver of Response

SCOTUS Denies Cert in Cases Involving Keetoowah Trust Lands and Klamath River Water Rights

Matthew L.M. Fletcher

Here is the order list.

The cases denied were Cherokee Nation v. Bernhardt and Baley v. United States.

Bostock v. Clayton County Opinion

Matthew L.M. Fletcher

Just ‘cuz it seems the SCOTUS webpage is overwhelmed:

Bostock Opinion

Wyoming Court Confirms Clayvin Herrera’s Conviction for Hunting at Bighorn National Forest on Issue Preclusion Grounds

Matthew L.M. Fletcher

Here is the order in Wyoming v. Herrera:

Herrera Circuit Court Remand Order

The case is on remand from the Supreme Court (decision here).

NYTs: “Does John Roberts Need to Check His Own Biases?”

Matthew L.M. Fletcher

Here.

Worth a read, and then check out the QuaranTICA webinar on oral arguments!