Great Plains Lending v. Consumer Financial Protection Board Cert Petition

Here:

Cert Petition

Question presented:

Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes.

Lower court materials here.

 UPDATE:

Town of Aquinnah v. Wampanoag Tribe of Gay Head (Aquinnah) Cert Petition

Here:

Town of Aquinnah’s Cert Petition 

Commonwealth of Massachusetts Cert Petition

Question presented:

Whether the Indian Gaming Regulatory Act, a statute of general application, impliedly repealed other federal statutes that specifically subject Indian tribes to state restrictions on gaming, a question that has divided the courts of appeals.

Lower court materials here.

UPDATE:

Aquinnah Cert Opp

Reply

French v. Starr Cert Petition (+ Cert Opp)

Here:

Cert Petition

Lower court materials here.

Update:

Cert Opp

Reply

Patchak v. Zinke Background Materials

Here are the merits briefs:

Patchak Merits Brief

Joint Appendix

US Merits Brief

Gun Lake Merits Brief

Patchak Merits Reply

Here are the amicus briefs:

Federal Courts Scholars Brief in Support of Petitioners

Fed. Cts. and Indian Law Scholars in Support of Respondents

Brief Amici Curiae of Wayland Township, et al. in Support of Respondents

Brief for the U.S. House of Representatives as Amicus Curiae Supporting Respondents

Brief Amicus Curiae of National Congress of American Indians in Support of Respondents

Brief Amicus Curiae of Professor Edward A Hartnett in Support of Respondents

Here are the cert stage briefs:

Patchak Cert Petition

Federal Cert Opp

Gun Lake Cert Opp

Patchak Reply

Here are the D.C. Circuit materials:

Opinion

Patchak Opening Brief

Tribe Response Brief

US Response Brief

Patchak Reply Brief

District court materials:

Patchak v Jewell – Gun Lake Tribe (Judge Leon Opinion)

78 Gun Lake Tribe Motion for Summary J

80-1 Patchak Motion for Summary J

85 US Opposition

86 Gun Lake Tribe Opposition

87 Patchak Opposition to Gun Lake Tribe Motion

88 Gun Lake Tribe Reply

90 Patchak Reply

Legislative materials:

Senate Hearing

House Report

Gun Lake Trust Land Reaffirmation Act

Hackford v. Utah Cert Petition (Ute Reservation Boundaries)

Here:

Hackford v Utah Cert Petition

Questions presented:

1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, diminished the Uintah and Ouray Reservation.

2. Whether as used in 18 U.S.C. § 1151(a), the term “Indian Country” includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction.

Lower court materials here.

Water District Files Cert Petition in Agua Caliente Water Rights Matter

Here is the petition in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians:

Coachella Cert Petition

Question presented:

Whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States, 207 U.S. 564 (1908), preempts state-law regulation of groundwater.

Lower court materials here.

UPDATE (8/14/17):

17-40 -42 Agua Caliente Amicus Brief

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here:

Cert Petition

Questions presented:

Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways.

Lower court materials here.

UPDATE (8/23/17):

Cougar Den Cert Opp

UPDATE (9/6/17):

Reply

 

SCOTUS Strikes Down Disparagement Provision of the Trademark Act

Here is the opinion in Matal v. Tam.

SCOTUS Denied Cert in Challenge to Oneida Trust Land Acquisition on Monday (Central New York Fair Business Assoc. v Zinke)

Missed it. Sorry. 🙂

Here’s the order list from Monday.

Petition is here.

Upright Citizens Brigade Cert Petition Challenging Indian Rights

Say it isn’t so Amy Poehler!UCB2

Actually, the petition is captioned Upstate Citizens for Equality v. United States:

Cert Petition

Questions presented:

1. Can Congress in the exercise of its Article 1 powers infringe, reduce or diminish the territorial integrity of a State without its prior consent?
2. Does Congress possess plenary power over Indian affairs and if so does it expand the Indian Commerce Clause to authorize the displacement of State rights to territorial integrity?
3. Does the land acquisition in this case via the mechanism of 25 USC § 465 (now 25 USC § 5108), represent a violation of the limits inherently expressed in the Indian Commerce Clause that limit Congress’ power to ‘regulate’ ‘commerce?’
4. Does the 300,000-acre ancient Oneida Indian reservation in New York still exist?

Lower court materials here.

Update (7/7/17)– the adults have entered the room — here is the federal government’s cert opp brief:

Cert Opp