Next week we’ll start with the round of 16.

Match-up No. 13

(2) The Kansas Indians defeats (31) Cherokee Nation v. Leavitt: 74 percent to 26 percent

Foundational Indian law cases, naturally, are going to do well in a tournament of greatest cases, but Leavitt and its progeny could be worth many many millions of dollars. It’s an embarrassment of riches.

Match-up No. 14

(15) United States v. Wheeler defeats (18) White Mountain Apache Tribe v. Bracker: 64 percent to 36 percent

Bracker hasn’t aged well, either. Wheeler is going strong, despite that nasty red flag that shows up on Westlaw every time one types in 435 U.S. 313….

Match-up No. 15

(7) Williams v. Lee defeats (26) California v. Cabazon Band: 75 percent to 25 percent

Once again, in the greatest cases tournament, money walks and sovereignty advances. This absolute blow-out was a surprise — I expected a much closer contest here. Last time I checked, exclusive tribal court jurisdiction over small claims against tribal members was worth less than $30 billion a year. 🙂

Match-up No. 16

(23) Solem v. Bartlett defeats (via tiebreaker) (10) Choctaw Nation v. Oklahoma: a TIE

Our first tie. We used a highly scientific tiebreaker — the MSU ILPC 2012-13 fellow, Ken Akini, didn’t bother to vote, so WS and I forced him to break the tie. Next time you see him, especially if you’re from Oklahoma, ask him why he did what he did. But be nice, or he will break you. Either way, I don’t think either of these cases would stand a chance in the next round.

Well, we’ve gone through 12 match-ups. Voters are holding up without too much complaining. Here’s the final series of the initial round of 32:

Match-up No. 13

(2) The Kansas Indians (72US737) — Tax case giving real-world life to the Worcester holding about state law

v.

(31) Cherokee Nation v. Leavitt (543US631) — First win in the ISDEAA contract support costs war

Match-up No. 14

(15) United States v. Wheeler (435US313) — Recognition of inherent tribal authority to prosecute Indians as a separate sovereign

v.

(18) White Mountain Apache Tribe v. Bracker (448US136) — State law cannot touch FATCO; origin of Bracker preemption test

Match-up No. 15

(7) Williams v. Lee (358US217) — Indians have right to make own laws and be ruled by them

v.

(26) California v. Cabazon Band of Mission Indians (480US202) — State laws can’t touch tribal bingo

Match-up No. 16

(10) Choctaw Nation v. Oklahoma (397US620) — Arkansas riverbed rights

v.

(23) Solem v. Bartlett (465US463) — “Fairly clear analytic structure” for disestablishing a reservation near you

Here they are (results of the first and second series):

Match-up No. 9

(3) Ex parte Kan-Gi-Shun-Ca (Crow Dog) defeats (30) United States v. Lara: 58 percent to 42 percent

Once again, the ageless cases are roundly defeating the newer cases. I guess Lara‘s holding, that Congress can (at least theoretically) restore tribal sovereignty to say, oh, I don’t know, prosecute non-Indian DV offenders is less “great” than a 19th century holding that lasted a couple years. Ok. I buy that.

Match-up No. 10

(14) Bryan v. Itasca County defeats (19) United States v. Sioux Nation: 51 percent to 49 percent

This was the closest match-up so far, with just a few votes separating the cases. I’d have gone with the multi-million dollar judgment over the $150 tax bill. An arbitrary and perhaps useless call on my part, given how closely matched these cases were (and the fact that the federal government still retains possession of the Black Hills).

Match-up No. 11

(6) Winters v. United States defeats (27) Mississippi Band of Choctaw Indians v. Holyfield: 71 percent to 29 percent

Once again, an older case wipes the floor with a new-ish precedent. I guess I agree, in that the questions were broader in Winters than in Holyfield, which continues to be cited more for its recitation of legislative history than for its holding, which was pretty narrow. Still, a bit of a surprise, at least in terms how not-close this one was.

Match-up No. 12

(11) McClanahan v. Arizona State Tax Commission defeats (22) United States v. Mitchell II: 76 percent to 24 percent

Proves once again that people just don’t like paying taxes. It’s true that Mitchell II hasn’t aged all that well.

Here we go for another round. I realize everyone’s heading out of town for Labor Day, so the votes will be precious. Polls close Saturday, Sept. 1 at 7:50 AM.

Match-up No. 5

(4) Talton v. Mayes (1896) (163US376) — The Constitution is inapplicable to Indian tribes

v.

(29) Kiowa Tribe v. Mfg. Techs. (1998) (523US751) — Tribal immunity extends off-reservation

Match-up No. 6

(13) United States v. Mazurie (1975) (419US544) — Tribal authority to accept Congressional delegation

v.

(20) Merrion v. Jicarilla Apache Nation (1982) (455US130) — Inherent tribal power to tax

Match-up No. 7

(5) United States v. Winans (1905) (198US371) — Treaty fishing rights “not much less necessary to the existence of the Indians than the atmosphere they breathed”

v.

(28) Oklahoma Tax Commission v. Sac and Fox Nation (1993) (508US114) — State cannot tax Indians on trust lands

Match-up No. 8

(12) Morton v. Mancari (1974) (417US535) — Affirming Indian preference in employment

v.

(21) New Mexico v. Mescalero Apache Tribe (1983) (462US324) — State regulation of on-reservation nonmembers preempted

Ok, here are the results of the first four match-ups in the Turtle Talk greatest cases tournament. All of the older cases won.

Match-up No. 1: (1) Worcester v. Georgia defeats (32) Salazar v. Ramah Navajo Chapter: 94 percent to 6 percent

Ramah ran into a buzzsaw in the first round, with Worcester probably a serious competitor for the greatest case of all time.

Match-up No. 2: (16) Santa Clara Pueblo v. Martinez defeats (17) Washington v. Fishing Vessel: 60 percent to 40 percent

Martinez survives an early challenge from what could be the greatest Indian law case of the Pacific northwest.

Match-up No. 3: (8) Arizona v. California defeats (25) Iowa Mutual v. LaPlante: 56 percent to 44 percent

The closest match-up of the first round, between the two of the more obscure precedents in the greatest cases tournament.

Match-up No. 4: (9) Menominee Tribe v. United States defeats (24) Oneida County v. Oneida Indian Nation: 75 percent to 25 percent

Menominee Tribe, which itself was a big upset when the Court decided in 1968, overruns Oneida II, a powerful win for tribal interests that did not age well, unfortunately.