Window Rock Unified School District v. Reeves (Nez) Cert Petition

Here:

Cert Petition 

Question presented:

Whether a tribal court has jurisdiction to adjudicate employment claims by Arizona school district employees against their Arizona school district employer that operates on the Navajo reservation pursuant to a state constitutional mandate to provide a general and uniform public education to all Arizona children.

Lower court materials here.

Update: Arizona Amicus Brief [notably, no other state signed on with Arizona]

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here:

Cert Petition

Question presented:

This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes?

Lower court materials here.

UPDATE (10/27/17): Amicus Brief

Brief in Opposition

Reply

Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children.

Cert petition filed by the Goldwater Institute purportedly on behalf of the children.

Amicus in Support of the Cert Petition filed by the Pacific Legal Foundation

Brief in Opposition filed by the Colorado River Indian Tribes

Goldwater Reply

 

 

Scholars Amicus Brief in Patchak v. Zinke

Here:

16-498 bsac Fed. Cts. and Indian Law Scholars

Background materials here.

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren:

Cert Petition

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Lower court materials here.

UPDATE:

Cert Opp

Reply

Tribal and Federal Merits Briefs in Patchak v. Zinke

Here:

US Merits Brief

Gun Lake Merits Brief

Other briefs here.

Seattle Human Rights Commission Letter on Culverts Case

Here:

Seattle Human Rights Commission Culvert_OpEd

An excerpt:

The Seattle Human Rights Commission writes in response to the Seattle Times recent editorial “The Supreme Court must clarify culvert ruling,” and seeks to correct inaccuracies regarding tribal treaty rights and the State’s obligation to not impair them. Washington’s tribal nations have lived and fished throughout our State since time immemorial, and their right to do so is protected by treaty. The Ninth Circuit Court of Appeals, in an exhaustive and well researched opinion, recognized that this right requires the removal of culverts that block fish passage. The State’s decision to seek Supreme Court review of that decision reflects revisionist and troubling effort to weaken treaty rights.

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

142 Motion to Confirm Stay Order

143 Response

145 Reply

147 DCT Order

Prior posts here.

Alaska v. Ross Cert Stage Materials (ESA Seal Listing)

Here:

Cert Petition

AFN Amicus Brief

Fed Cert Opp

Alaska Reply

Town of Vernon v. United States Cert Stage Materials

Here:

Cert Petition

Questions presented:

1. Whether a tribe that opted out of the Indian Reorganization Act can have its status under the Act revived under the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in trust for that tribe at the time the tribe sought a land-in-trust acquisition.

2. Whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress’ authority under the Indian Commerce Clause, Art. I, § S, cl. 3.

3. Whether § 5108’s standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power.

4. Whether the federal government’s control over state land must be categorically exclusive for the Enclave Clause, Art. I, § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

US Cert Opp Brief