Supreme Court

Federal Court Dismisses Gustafson v. Poitra Dispute (Again)

Matthew L.M. Fletcher

Here are the materials in Gustafson v. Poitra (D. N.D.):

19 Motion to Dismiss

23 Response

34 DCT Order

An excerpt:

The Court notes the equities clearly favor the Gustafsons, and the Court is sympathetic to the jurisdictional dilemma they find themselves in. The juvenile behavior and attitude of the Poitras that triggered the need for the issuance of the TRO in October 2012 is difficult for any reasonable person to understand. However, the plaintiffs cannot use the Declaratory Judgment Act as a vehicle to resolve a multitude of long-standing disputes which neither raise a federal question nor bear any relationship to a lawsuit over which the Court would have jurisdiction.

We have posted on the multiple suits in this long-running dispute here, here, and here.

Friends of Amador County v. Jewell Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

FAC Cert Petition FILED

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.

News Coverage of Justice Sotomoyor’s Visit to Oklahoma Indian Country

Matthew L.M. Fletcher1 Comment

Here is Tony Mauro’s “Arm in a Cast, Sotomayor Tours Oklahoma and Meets Tribal Leaders.”

An excerpt:

At an appearance on Sept. 11, Oklahoma City University president Robert Henry—formerly chief judge of the Tenth Circuit—asked Sotomayor to discuss her meeting earlier that day with “some of our native people.” Henry said, “I so much appreciated” that she met with tribal members. Neither Henry nor Sotomayor gave details about where the meeting took place or how it was arranged.

Sotomayor heard about broken agreements between tribes and the U.S. government. “There are so many misunderstandings about Native Americans,” she said, producing resentments that “run deep… It still stings.” She added, “There is a basis for that feeling.”

The Oklahoma tribes, she said, are “all displaced tribes—all wrenched from their homes in different states” and sent to Oklahoma in the “Trail of Tears,” an exodus in the 1830s in which Supreme Court rulings played a part.

Sotomayor also said the public has a misperception that tribes are rich because of the advent of casinos at many reservations. That is not the case, she said. “They have problems like the larger society,” she asserted, including obesity and diabetes. Sotomayor noted she has diabetes herself.

Hicks v. Hudson Ins. Co. Cert. Petition

Matthew L.M. Fletcher1 Comment

Here is the petition:

Cert Petn

Question presented:

Whether an insurance company doing business with a federally recognized American Indian Tribe is entitled to sovereign immunity for the acts and omission it takes in furtherance of the business of insurance.

Cert Stage Briefs in Dollar General v. Mississippi Choctaw

Matthew L.M. Fletcher3 Comments

Here:

Dollar General Cert Petition

Mississippi Choctaw Cert Opposition

Dollar General Reply

Mississippi Choctaw Supplemental Brief

En banc petition materials here.

CA5 Order Denying Dolgencorp En Banc Petition

Panel materials here.

Lower court decision and materials here.

Dollar General v. Mississippi Choctaw Cert Petition on SCOTUSBlog Watch List

Matthew L.M. Fletcher

Here.

I wondered when I learned that Tom Goldstein is co-counsel for the petitioners when this petition would end up as a SCOTUSblog “Petition of the Day.” As might be well known to TT readers, SCOTUSblog is the best daily source of news on the Supreme Court. But it is also (or was) a tool for Mr. Goldstein to drum up business. The blog recently make some headlines in its effort to acquire/obtain/earn a Supreme Court press credential, and was denied. Mr. Goldstein’s passionate and sophisticated response is well worth the read. As a question of journalism, I strongly support SCOTUSBlog’s efforts. It doesn’t bother me that SCOTUSblog-as-client development tool might somehow affect SCOTUSblog-as-journalist.

For what appears to be the first time, Mr. Goldstein is representing a Supreme Court petitioner against tribal interests, and so to the extent that it means anything at all, the tribal interests here are adversely affected by the SCOTUSblog-as-journalism outlet and SCOTUSBlog-as-Supreme Court advocate dynamic. There’s not enough information before me to make a conclusion as to whether that dynamic will affect the Court’s certiorari decision at the long conference here in a few weeks.

Here is a list of TT posts recognizing an Indian law “Petition to Watch” as identified by SCOTUSblog (grants are in red): Continue reading →

Cert Opposition Brief in Dollar General v. Mississippi Choctaw Tribal Court Jurisdiction Matter

Matthew L.M. Fletcher

Here:

Mississippi Choctaw Cert Opposition

Cert petition here.

Sixth Circuit Vacates and Remands Saginaw Chippewa/NLRB Decision in Light of Noel Canning

Matthew L.M. Fletcher1 Comment

Here:

CA6 Mandate

CA6 Order Vacating and Remanding

The court held moot the Saginaw Chippewa motion for abeyance.

Materials here.

Saginaw Chippewa (Sur)Reply to NLRB Reply in Support of Its Motion for Vacature and Remand

Matthew L.M. Fletcher1 Comment

Here:

SCIT Surreply re NLRB Remand Motion [& In Support of Abeyance Motion]

(Now) complete briefing here:

NLRB Motion to Remand

Sag Chip Motion to Hold Appeal in Abeyance

Sag Chip Opposition to NLRB Motion

Szotkowski Declaration

NLRB Reply in Support of Motion to Remand

Second Circuit Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision

Matthew L.M. Fletcher4 Comments

Here are the materials in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Brief

Seneca County Reply

New York AG Brief

US DOJ Brief

CA2 Opinion

The syllabus:

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.