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.
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.
Here: Winnemucca Reply
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.
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.