Andrew Cohen on SCT Voting Rights Case Amicus Briefs (and the Navajo Amicus Brief)

Here. An excerpt:

We tend to think of the mission of the Voting Rights Act as focusing exclusively upon the plight of black Americans. But the federal statute has been a grace note to Hispanic organizations and American Indians as well. National Latino groups filed a powerful brief with the justices. And the Navajo Nation filed an amicus brief in this case, and it is poignant for its reminder that while white Americans were discriminating against black Americans they also were discriminating against Native Americans. The Navajo Nation writes:

Indian people have endured a century of discrimination and overcome new obstacles each generation in order to exercise the right to vote in state and federal elections. Nowhere have these struggles been more prevalent than in the Section 5 covered jurisdictions of Apache, Navajo and Coconino Counties in Arizona the home of the Navajo Nation and Todd and Shannon Counties in South Dakota the home of the Rosebud and Oglala Sioux. The amici curiae file this brief to elucidate the importance that the Voting Rights Act and, in particular, Section 5 preclearance, has had in overcoming the purposeful efforts to disenfranchise Indian voters.

While passage of the Voting Rights Act in 1965 ended certain means of discrimination, Indians continued to be denied the right to vote through a variety of new strategies. As part of the 2006 reauthorization process, Congress obtained evidence that Indians continued to be disenfranchised by voting schemes, polling place discrimination and ineffective language assistance. The 2006 reauthorization was a legitimate Congressional response to the disenfranchisement. Protected by the Section 5 preclearance, voter registration and turnout have increased, but new challenges have arisen that require continued vigilance.

Complete Madison County v. Oneida Indian Nation Cert Stage Briefs

Here:

11-12-12 Madison v. NY Oneida Cert Petition

New York Amicus Brief in Support of Petition

Oneida Indian Nation of New York  Brief in Opposition

Madison County Cert Stage Reply Brief

C-SPAN: Angela Riley on “Native American Lands in the Supreme Court” before the Supreme Court Historical Society

From the website:

Angela Riley spoke in the Supreme Court chamber about the history of the Supreme Court and Native American lands. The lecture, which took place in the Supreme Court chamber, was one in a series hosted by the Supreme Court Historical Society on the Constitution, the Supreme Court, and property rights. Justice Ruth Bader Ginsburg introduced Professor Riley.

Video here.

NYTs Article on Oravec v. Cole

Here.

An excerpt:

Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled.

Ninth Circuit materials here.

Minnesota SCT Affirms State Jurisdiction to Civilly Confine Leech Lake Band Ojibwe Member

Here is today’s opinion in Beaulieu v. Minnesota Department of Human Services.

Mr. Beaulieu previously challenged his confinement in federal court, materials here.

NYTs Room for Debate on Baby Veronica Case

Here.

The debaters:

Kevin Noble Maillard

Terry Cross

Solangel Maldonado

Matthew L.M. Fletcher

Joan Hollinger

Marcia Zug

Megan Lindsey

Merits Briefs (so far) in Arizona v. Inter Tribal Council of Arizona, Inc.

From the ABA:

Oneida Indian Nation Cert Opposition Brief in Reservation Boundaries Case

Here:

1-16-13 12-604 — Madison Countyv. Oneida Indian Nation of New York — S. Ct. Brief in Opposition-

Petition here.

 

Supreme Court’s Recent Floating Home Decision a Relief to Dockside Casinos

The WSJ reports here.

An excerpt:

Things that float aren’t always boats.

So says the Supreme Court, which used a Florida marina dispute to address an issue that has stirred the waters since the early days of the American republic.

The ruling is a relief for dockside-casino operators, which didn’t want their operations subjected to broader legal liability under maritime law.

The opinion in Lozman v. City of Riveria Beach is here. SCOTUSblog page here. SCT haiku version.

Supreme Court Denies Cert in Two Indian Law Cases, and Declines to Correct Caption in Immigration Case

Here is today’s order.

The Court denied cert in Oravec v. Cole (page 2), and in Marceau v. Blackfeet Housing Authority (page 10).

And issued this interesting order in Arizona v. Inter-Tribal Council of Arizona (page 1):

The motion of Jesus M. Gonzalez, et al. to correct case caption is denied.