Here is the order list for today.
The Stockbridge petition is here.
Here is the order list for today.
The Stockbridge petition is here.
Here:
Western Sky v Jackson Cert Petition
Questions presented:
I. Whether the validity of an arbitration clause is determined exclusively by the statutory requirements of the Federal Arbitration Act (“FAA”), as held by the First, Fourth, Fifth, and Eleventh Circuits – or by a common-law “reasonableness” test, as held by the Seventh Circuit below?
II. Whether a court may apply a state law defense in a manner that disfavors arbitration by voiding an entire arbitration clause merely because the contractually-designated arbitrator is unavailable, notwithstanding the FAA’s express directive to appoint a substitute arbitrator?
III. Whether the Seventh Circuit erroneously – and in conflict with the Second and Eighth Circuits – required a non-tribal-member’s physical entry onto the relevant Indian reservation in connection with a transaction with a tribal member before ordering tribal court exhaustion of judicial claims arising from the transaction?
Lower court materials here.
Here:
Question presented:
Whether federal courts called upon to enforce Indian treaty protections in tribal challenges to State regulation may enter judgment against the Indian Tribe without considering evidence and entering findings of fact on the Indians’ understanding of the United States’ treaty promises.
Lower court materials here.
2Exhibit A (Letter from DOI)
Exhibit B (letter from Gov. Snyder to Chairman Eitrem)
Exhibit C (Sault Tribe Submission for Mandatory Fee-to-Trust Acquisition)
Exhibit D (Same, for the Sibley Parcel)
Exhibit E (Sault Tribe approval of development agreement with Lansing, MI)
Exhibit F (Comprehensive Development Agreement between Sault Tribe and Lansing)
Previous coverage of the Lansing casino case here.
Here (thanks to the Supreme Court Project page):
State of New York Brief in Opposition
Oneida Indian Nation Brief in Opposition
The petition is here.
BTW, a GVR stands for “grant vacate remand.” It usually means, as I believe it does here, that the Supreme Court has decided a matter that will affect the disposition of another matter pending before the Court at the time. Here, the Court granted cert to review Holt v. Hobbs. and decided that matter last week. Also pending was a cert petition in Knight v. Thompson involving a challenge by a Native prisoner to his warden’s order to cut his hair. the Court held the Native petition while it decided the other petition, which involved a Muslim man’s challenge to his warden’s order to shave his beard.
Now the Knight case will return to the Eleventh Circuit where the court will review the case in light of the decision in Holt.
Here. An excerpt:
Holt holds that this approach is wrong. Much like Knight, the Arkansas prison officials in Holtfeared safety and security issues and ignored the successful measures taken by the vast majority of prison systems to safely accommodate religious beards. The Holt opinion makes clear that these successful, widespread accommodations are indeed relevant and indicate that Arkansas was not utilizing the “least restrictive means.” Additionally, the Supreme Court emphasized that judges cannot simply defer to the opinions of prison officials as a means of practicing “unquestioning acceptance,” thereby abdicating judicial responsibility to apply RLUIPA’s very rigorous standard. Courts must demand persuasive proof that denial of an exemption to a specific person is the least restrictive means of furthering compelling penological interests. Like the prison officials in Holt, the officials in Knight failed to meet this standard, and the court applied an unquestioning acceptance of their opinions. It is an error that has plagued the cases of several Native American inmates through several decades of litigation, and we believe that Holt provides the clarity necessary to remedy this persistent issue.
The Holt opinion changes a fundamental aspect of how certain prison systems deal with Native Americans and their religious practices. For those Natives who reside in the darkest corners of U.S. penal systems, it is no longer the rule that they cannot engage in their traditional religious practices merely because their jailors say so. Courts will demand more, just as Congress intended when it enacted RLUIPA.
Here is the opinion.
Here is the NYTs article describing the opinion.
NCAI and Huy filed briefs in this matter, here.
Of note, perhaps, Justice Sotomayor authored a separate concurring opinion quoting from two lower court decisions involving Indian or Indian-related claims, Yellowbear and Wilgus.
You must be logged in to post a comment.