Supreme Court denies cert in Native Wholesale Supply v. Oklahoma

The Native Wholesale Supply v. Oklahoma petition was denied cert today.

Last week the Court denied the Winnemucca v. Wasson petition.

The Court’s orders are available here.

Winnemucca Reply Brief in Winnemucca Colony Council v. Wasson

Here: Winnemucca Reply

Earlier cert stage briefs in this case are here and here.

Cert Opposition Brief in Winnemucca v. Wasson Case

Here: Wasson Cert Opp.

The petition is here.

Neither party seems to realize that this petition has absolutely no chance of being granted. Frankly, it’s a waste of resources.

Edited to Add:  As anticipated, this petition was denied in the April 18th order.

Winnemucca Colony Council v. Wasson Cert Petition

Here: Winnemucca Colony Council Cert Petition

Questions presented:

1. Whether the United States Federal District Court exceeded its powers by interjecting itself into the fray of competing tribal factions within a single tribal government to determine which faction shall have control over tribal treasury resources thereby imputing governmental control of the tribe to that faction in contradiction to policies of self-determination and self-governance under 25 U.S.C. § 450n and other individual sections of the Indian Self Determination Act.

2. Whether under 25 U.S.C. § 450b(l) the United States Court of Appeals for the Ninth Circuit erred in upholding the District Court’s Order awarding tribal funds to a faction unrecognized by the BIA but purporting to be the legitimate governing body of the tribe even though the faction was not democratically elected by eligible voters of the Indian community.

Lower court materials here.