Supreme Court – Page 35

News Profile of Lyda Conley, 1st Native Woman to Argue before SCOTUS

August 19, 2019August 19, 2019Matthew L.M. Fletcher

Here is “Lyda Conley and the battle for Wyandot recognition.”

“Thank you, TurtleTalk, for this story. Lyda Conley is an inspiration to all of us who practice in the field. Oftentimes, I have been identified as the first native woman to argue in the Supreme Court, wrongly so as it turns out. For one, I’m proud to stand behind Lyda in second, third, or whatever place it puts me. Let the record stand corrected.” Arlinda Locklear

We at Turtle Talk have always thought of Arlinda as the first in the modern era. 🙂

Tohono O’Odham Nation Amicus Brief in SCOTUS Border Wall Matter

August 5, 2019August 5, 2019Matthew L.M. Fletcher

Here is the brief in Trump v. Sierra Club:

TON Brief in Trump v Sierra Club

Arthur Lazarus Jr. Has Died

August 1, 2019Matthew L.M. Fletcher

Obituary here.

Knighton v. Cedarville Rancheria Cert Petition

July 31, 2019October 15, 2019Matthew L.M. Fletcher

Here:

cert-petition.pdf

Questions presented:

“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers?

Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?

Lower court materials here.

UPDATE:

Brief in Opposition–PDFA