Supreme Court

SCOTUS Rejects Seneca County’s Effort to File Cert Petition Out of Time

Matthew L.M. Fletcher2 Comments

Here is the order list.

The Second Circuit decision at issue is here.

Reuters Article on Certiorari and the Supreme Court Bar

Matthew L.M. Fletcher

Here is “The Echo Chamber.”

An excerpt:

The rise of the Supreme Court specialty bar is not universally embraced by the profession. But it is by the justices. Two, in particular, lamented the refusal of some criminal defense lawyers to turn over high court cases to specialists.

“It is as if they are arguing with one hand tied behind their back,” Kagan said.

Said Justice Sonia Sotomayor: “I think it’s malpractice for any lawyer who thinks this is my one shot before the Supreme Court and I have to take it.”

SCOTUSBlog interviewed Joan Biskupic, who led the reporting team.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Cert Stage Briefs in Seminole Tribe v. Florida Dept. of Revenue

Matthew L.M. Fletcher1 Comment

Here:

Seminole Cert Petition

Florida Cert Opp

Seminole Reply Brief

Question presented:

The question presented is whether sovereign immunity bars an American Indian tribe from seeking Ex parte Young relief from the unconstitutional enforcement of a state tax scheme merely because that relief might require refunds for taxes unlawfully collected in the future.

Lower court materials and my commentary here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Alec L. v. McCarthy — Climate Change Cert Petition

Matthew L.M. Fletcher1 Comment

Here are the briefs in support of the petition:

Alec L v McCarthy Cert Petition

Climate Scientists Amicus Brief

Law Profs Amicus Brief

Sisters of Mercy Amicus Brief

Harvard Law Review Comment on Michigan v. Bay Mills

Matthew L.M. Fletcher

Here is Leading Case: Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024 (2014).

An excerpt:

While the Court’s decision is a victory for those who feared the abrogation of tribal immunity, its suggestion that states seek remedies in state law signals approval of leaving the resolution of legal questions central to state-tribe disputes to the states, even when the question concerns the extent of Indian land. Such a view would be inconsistent with recent trends generally favoring greater federal control and congressional support for tribal self-determination, and could result in actions that are detrimental to tribes.

Tenth Circuit Reverses Oklahoma v. Hobia Relying on Bay Mills

Matthew L.M. Fletcher1 Comment

Here is the opinion:

CA10 Opinion

Lower court supplemental briefs here.

Briefs are here.

Lower court materials here.

Stockbridge-Munsee Community v. New York Cert Petition

Matthew L.M. Fletcher3 Comments

Here:

11-7-14 Stockbridge-Munsee Cert Petition_(filed)

Questions presented:

In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), this Court held that courts may not override Congress’ judgment and apply laches to summarily dispose of claims at law filed within a statute of limitations established by Congress, thereby foreclosing the possibility of any form of relief. Equitable remedies may be foreclosed at the litigation’s outset due to a delay in commencing suit only in “extraordinary circumstances,” such as the need to prevent unjust hardship on innocent third parties. Id. at 1978.

The question presented is: Where Petitioner’s claims were filed within the statutory-limitations period established by Congress, did the court of appeals contravene this Court’s
decision in Petrella by invoking delay-based equitable principles to summarily dismiss all of Petitioner’s federal treaty, statutory and common-law claims, including one for money damages as upheld by this Court in County of Oneida v. Oneida Indian Nation of N.Y., 470 U.S. 226, 246 (1985)?

Lower court materials here. En banc petition materials here.