John Echohawk on Keith Harper for the Tenth Circuit

From the Tulsa World:

At the Native American Rights Fund, we have always hired the best and the brightest to advocate for Indian rights and the orderly development of Indian law. One of the most outstanding lawyers to ever work with us is Keith M. Harper, who has been in the news lately as a potential nominee for a position on the 10th Circuit U.S. Court of Appeals.

No Native American lawyer has ever served on an appellate court in the federal justice system. I do not know if it is true that my colleague will be nominated to serve on the 10th Circuit. If it is true, President Obama is to be commended on his fine choice. I do know that Harper is highly qualified and deserves to be nominated and confirmed.

During my 40 years in the practice of American Indian law, we Native attorneys have worked toward the day that one of us would break through the glass ceiling and be named as an appellate judge. At 64, I and most other Native lawyers of my generation are not seeking judicial appointments, because those should go to younger people who can serve on the bench for a long time. Harper is 43 and could have an extended future as an appellate judge.

I know Harper and his work very well and can attest to his upstanding character and his diligent work ethic. He has a first-rate mind, a compassionate heart and an even temperament. He enjoys the respect of his peers and a well-deserved reputation as a thorough litigator and a fair judge. He was a NARF senior staff attorney for 11 years and his success as a litigator is a matter of public record.

Today, he is a partner with Kilpatrick Stockton LLP and chairman of its Native American Practice Group. He served the Obama-Biden presidential transition on the energy and environment cluster and served Obama for America on the National Finance Committee and as chairman of the Native American Domestic Policy Committee.

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Tenth Circuit Applies Quiet Title Act in Tribal Challenge to Trust Acquisition–UPDATED with Briefs

Big case. Here is the opinion in Iowa Tribe v. Salazar.

Briefs and other materials:

Iowa Tribe and Sac & Fox Nation Opening Brief

Interior Answer Brief

Iowa Tribe and Sac & Fox Nation Reply Brief

Interior Motion to Take Judicial Notice of Warranty Deed

Order Dismissing Sac and Fox Nation as a Party

Keith Harper for the Tenth Circuit Drawing Intense Opposition

From the Tulsa World via Pechanga:

WASHINGTON — The Obama administration is considering a Washington, D.C., attorney and former adviser to the president’s campaign to fill an appeals court vacancy created by the resignation of veteran Judge Robert Henry of Oklahoma, the Tulsa World has learned.

If officially nominated for what is viewed as an Oklahoma seat on the court, Keith Harper is expected to draw strong opposition from key Oklahoma Democrats and Republicans.

The White House move to vet Harper for the slot on the Denver-based 10th U.S. Circuit Court of Appeals is being described as an “insult” to the state and even “stupid.”

Opposition appears to be coalescing around the fact that Harper is not from Oklahoma and the way the White House has excluded certain key players from the process to fill the post.

Republican U.S. Sen. Jim Inhofe vowed to do whatever needs to be done to block the nomination, if it ever gets to the Senate.

Inhofe’s options range from the so-called “blue slip” process, which allows senators to make their wishes known privately on judicial nominations and can be used to kill a nomination, to an outright hold.

“It is stupid,” he said. “If they are serious about doing something with this guy, there were ways they could have done it that would have been much more palatable to us.”

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Tenth Circuit Rejects Osage Man Challenge to Property Tax Assessment

Here is the unpublished opinion in Prather v. Hedgecoth.

And the opening brief: Prather Opening Brief

Tenth Circuit Affirms Sentence in Major Crimes Act Conviction

Here is the unpublished opinion in United States v. Jim, a case arising on the Navajo Reservation.

Tenth Circuit Affirms Immunity of Santa Ana Pueblo Officials in Section 1985 Suit

The opinion in Burrell v. Armijo is here.

Here are the briefs:

Armijo Opening Brief

Burrell Brief

Montoya Answer Brief

Armijo Reply

Congrats to Richard Hughes.

Amicus Briefs Supporting Osage Petition for En Banc Hearing in Reservation Disestablishment Case

Here:

Colville Amicus Brief

NCAI and Tribes Brief

Oklahoma Tribes Amicus Brief

Osage Nation Bar Amicus Brief

The petition and other materials are here.

Osage Nation Petition for Rehearing Reservation Disestablishment Case

Here: Osage Petition for Rehearing

Earlier materials are here.

Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes

At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is  a “governmental plan.”

Here are the materials:

Dobbs CA10 Opinion

Dobbs Opening Brief

Anthem Brief

Dobbs Reply Brief

Southern Ute Amicus Brief in Support of Affirmance

Tenth Circuit Rejects RFRA Claim re: Autopsy of American Indian

Opinion in Ross v. Board of Regents for the University of New Mexico here:

08-2253