Oral Argument Transcript in Cougar Den Case

Here.

Briefs and other materials here.

Michigan Radio: “‘We’ve never had justice’: How the Supreme Court rigged land deals against native people”

Here.

An excerpt:

“In many ways, it’s almost like gaslighting,” Wenona Singel says of the Johnson v. M’Intosh case. “You’re learning about … certain rights that are associated with property rights … knowing all along that these rights have not been respected, and were not enforced for your own ancestors.”

SCOTUS Denies Cert in Citizen Potawatomi Matter

Here is today’s order list.

Cert stage materials here.

SCOTUS Grants OSG Motions for Divided Argument in Murphy, Cougar Den, and Sturgeon Cases

Order list here.

Justice Gorsuch appears to be recused from the Carpenter v. Murphy case.

SCOTUS Refuses to Stay New Election Rules in North Dakota Voting Rights Act Matter . . .

Despite the fact that the primary has already been held under the other rules.

Here is the order in Brakebill v. Jaeger, with the dissent by RBG and Kagan:

18A335 Brakebill v. Jaeger

Prior posts here.

Indian Law-Related Docs from the Brett Kavanaugh Document Dump

09-13-18-gwb-document-release-murkowski-sullivan.pdf

hr1166-assistance-provided-by-small-business-development-centers-to-na.pdf

These documents could be significant.

1. During his confirmation hearing when Senator Hirono asked him if he was thinking of the Rice v. Cayetano case when he sent these emails, found here.

The nominee said he couldn’t remember whether he was thinking of Rice or if Rice had anything to do with his thoughts. The 69 pages of emails and documents that are attached here may show Kavanaugh’s thinking on Indian law issues — Rice is mentioned a few times.

2. When the nominee met with Sen. Murkowski he told her (here):

“He was the first to admit that in terms of broader Indian law he hasn’t had that much opportunity in the D.C. Circuit court to really engage on these issues, so this is not a body of law that he is often exposed to,” she said. “And he was very direct with that.”

Again, the emails show the nominee’s involvement in Indian law.

3. The letter included here is related to a Tom Udall bill that was passed unanimously by the House. The bill was to provide services to NA, Alaska Natives, and Native Hawaiians from the SBA. The letter likely was to be cleared by the nominee. The letter states the administration’s opposition to portions of the bill on constitutional grounds, relying on Rice.

Brakebill v. Jaeger SCOTUS Application for Stay

Here:

Application

Prior posts here.

No Grants, 1 CVSG from SCOTUS Long Conference

Here is today’s order list.

The Court denied cert in Lummi Tribe v. US, County of Amador v. DOI, Fort Peck v. HUD, and Makah v. Quileute.

The Court asked for the views of the Solicitor General in Poarch Band v. Wilkes.

Sturgeon v. Frost II Background Materials

Merits Briefs:

Petitioner’s Brief

States’ Amicus Brief

Respondents’ Brief

Alaska Amicus Brief

National Parks Conservation Association Amicus Brief

Law Professors’ Brief

Alaska Native Subsistence Users Amicus Brief

Reply Brief

Cert Stage Briefs:

Cert Petition

Alaska Amicus Brief in Support of Cert Petition

Federal Brief in Opposition to Cert

Cert Stage Reply

Lower court materials:

Opinion in Sturgeon v. Masica.

Alaska Brief

Enviro Groups Brief

Federal Brief

Mentasta Traditional Village et al Brief

Sturgeon Brief

Materials in Sturgeon v. Frost I:

SCOTUS Opinion

 

Herrera v. Wyoming SCOTUS Background Materials

Here are the merit stage briefs:

Petitioner

Petitioner’s Brief

17-532 tsac Indian Law Professors

Crow Tribe Amicus Brief

Eastern Shoshone Amicus Brief

Natural Resources Law Professors Brief

NCAI Brief

PACIFIC AND INLAND NORTHWEST TREATY TRIBES Brief

Public Health Scholars Brief

Shoshone-Bannock Tribes Brief

Southern Ute Indian Tribe and Ute Mountain Ute Tribe

US Merits Brief

Petitioner’s Reply Brief

Respondent

Respondents Brief

Brief amici curiae of Western Association of Fish and Wildlife Agencies

Amicus Brief of Association of Fish and Wildlife Agencies

States Amicus Brief Supporting Respondent

Amicus brief of Safari Club International

Amici Curiae Brief of Wyoming Stock Growers Association

Here are the cert stage briefs:

2017-10-05 Herrera Cert Petition

17-532 Amici Brief Indian Law Professors

Crow Tribe Brief

Scholars Brief

Wyoming opposition to Herrera petition

Cert Stage Reply

17-532 Herrera (ac pet) [US invitation brief]

respondent supplemental brief

petitioner supplemental brief