Treaty of Point Elliott

Snoqualmie v. Washington Cert Petition

April 14, 2022Matthew L.M. Fletcher

Here:

Snoqualmie Cert Petition.pdf Download

Questions presented:

Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.
Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.

Lower court materials here.

Amicus briefs in support of the petition:

Indian Law Scholars Amicus Brief.pdf Download

Sauk-Suiattle Amicus Brief.pdf Download

Cougar Den Amicus Brief.pdf Download

Samish Indian Nation v. Washington Cert Petition

February 17, 2022Matthew L.M. Fletcher

Here:

samish-cert-petition Download

Appendix

Questions presented:

Whether Eleventh Amendment sovereign immunity and tribal sovereign immunity deprived the lower courts of subject-matter jurisdiction over the Snoqualmie Indian Tribe’s claim, requiring dismissal on that ground under United States Supreme Court precedent including Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1996).
Whether, under United States Supreme Court precedent including Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (1999) and Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), an issue preclusion dismissal is a merits dismissal and excluded from the threshold grounds among which a federal court may choose to dismiss a case before establishing its subject-matter jurisdiction.
Whether, under United States Supreme Court precedent including Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), jurisdictional issues in this case were not “arduous” or “difficult to determine” because the lower courts could readily determine that they lacked jurisdiction, such that those courts committed reversible error in bypassing determination of their subject-matter jurisdiction and proceeding to dismiss the case instead with prejudice on issue preclusion grounds.

“Siwash” Indians Harvesting Hops at Snoqualmie

Lower court materials here.

Ninth Circuit Decides Snoqualmie v. State of Washington

August 12, 2021Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Ninth Circuit Materials in Snoqualmie Tribe v. State of Washington

February 8, 2021Matthew L.M. Fletcher

Briefs:

Samish Brief

Samish Reply

Sauk-Suiattle Amicus Brief

Snoqualmie Brief

Snoqualmie Reply

State Response Brief

Treaty Tribes Amicus Brief

Tulalip Amicus Brief

Lower court materials here.

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

November 2, 2020Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials.

Muckleshoot v. Tulalip U&A Cert Petition

August 24, 2020September 22, 2020Matthew L.M. Fletcher

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition