Leah Litman on Interruptions of Women Justices in SCOTUS Oral Arguments by Phone

Really interesting chart about how often the Chief Justice interrupted RBG, Sotomayor, and Kagan that has a LOT of instances from the McGirt argument.

Here is “Muted Justice” on SSRN.

C-SPAN Link to McGirt Oral Argument

Here.

SCOTUSBlog Preview of McGirt Argument with Bob Anderson

Here.

McGirt background materials here.

Rebecca Nagle Repudiating Oklahoma’s Factual Claims in McGirt/Murphy

Here is “Oklahoma’s Suspect Argument in Front of the Supreme Court — The state claims that affirming a reservation in eastern Oklahoma could lead to thousands of state criminal convictions being thrown out. But that argument doesn’t seem to be based on facts” from the Atlantic.

The briefs are here.

Bloomberg News Profile of McGirt Argument

Here is “Gorsuch Gets Moment as Decider in Case Evoking Trail of Tears.”

The briefs are here.

SCOTUS Will Hear McGirt Argument Remotely in May — No Date Set Yet

Here.

McGirt background materials here.

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

Here:

 

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]

Here:

cert-petition.pdf

Questions presented:

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.

Update:

Brief in Opposition

Reply

US Invitation Brief

FMC Supplemental Brief

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here.

Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]

Here is the petition in Bales v. United States:

baley-cert-petition.pdf

Question presented:

Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.

Lower court materials here.

Update:

05142020-1 PacificCoastFedFishermen Opposition Brief

OpposBriefUSA-20200514173954985_19-1134 Baley