Alabama-Coushatta Tribe Cert Petition in Gaming Matter

Here is the petition in Alabama-Coushatta Tribe of Texas v. Texas:

alabama-coushatta-tribe-of-texas-cert-petition.pdf

Questions presented:

Whether IGRA authorizes gaming on tribal lands previously governed by trust statutes that prohibited gaming, as the National Indian Gaming Commission, the Department of the Interior, and the First Circuit have concluded, or not, as the Fifth Circuit has held.

Lower court materials here.

UPDATE:

ncai-amicus-brief.pdf

ysleta-amicus-curiae-brief.pdf

texas-bio.pdf

Sequoia Capital Operations LLC v. Gingras Cert Petition [Chippewa-Cree Sovereign Lending]

Here:

petitionforwritofcertiorari-3.pdf

Question presented:

Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any challenge to that provision’s validity before the court may proceed to address whether the parties’ underlying dispute is arbitrable?

Lower court materials here.

Update:

BIO: BriefInOpposition

California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition

Here:

Cert Petition

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

Hoopa BIO

PacifiCorp BIO

States Amicus Brief

US BIO

California Trout Reply

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

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

Here is the brief in Trump v. Sierra Club:

TON Brief in Trump v Sierra Club

Arthur Lazarus Jr. Has Died

Obituary here.

Knighton v. Cedarville Rancheria Cert Petition

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

The Onion: “Ruth Bader Ginsburg Suspended For Next 10 Rulings Following Supreme Court Bench-Clearing Brawl”

Here.

Carpenter v. Murphy Restored to the Supreme Court Calendar for Reargument Next Term

More to commentary to come.

SCOTUS Denies Cert in Poarch Band v. Wilkes

Here is the order list.

Cert stage materials are here.