Tag Archives: equal protection

First Circuit Remands Equal Protection Challenge to Mass. Gaming Law; Remands for Trial on Merits (and Carcieri)

The opinion is here. Excerpts: Given this situation, the lack of clear answers on questions of both state and federal law, the shifting of the nature of the injury to KG, and the apparent attempt to allow some time for … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research | Tagged , , , , , | Leave a comment

Federal Court Dismisses Effort by Puyallup Woman to Avoid State Wholesale Cigarette Taxes

Here are the materials in Matheson v. Smith (W.D. Wash.): DCT Order Dismissing Matheson Complaint Matheson Motion for PI State Motion to Dismiss

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, taxation | Tagged , , , , , , , , , | Leave a comment

KG Urban Reply Brief in First Circuit Appeal

Here: KG Urban Reply Brief

Posted in Author: Matthew L.M. Fletcher, gaming, Legislation, Research | Tagged , , , , , , , , , , , | Leave a comment

State of Massachusetts Brief (and Supporting Amicus) in KG Urban v. Patrick (1st Circuit)

Here: Massachusetts Brief Suffolk Indian Law Clinic Amicus Brief Prior materials here.

Posted in Author: Matthew L.M. Fletcher, gaming, Legislation, Research | Tagged , , , , , , , , , , , | Leave a comment

Ninth Circuit Rejects Challenge to Cal. Anti-Affirmative Action Statute

Here is the opinion.

Posted in affirmative action, Author: Matthew L.M. Fletcher, Research | Tagged , , , , | 1 Comment

Opening Brief in KG Urban v. Patrick (Mass. State Gaming Case)

Here: KG Urban Motion to Expedite CA1 Appeal Mass Response to Motion to Expedite KG Urban Opening CA1 Brief Lower court materials are here and here and here. News coverage here, h/t Pechanga.

Posted in Author: Matthew L.M. Fletcher, gaming, Research | Tagged , , , , , , , , , , | 1 Comment

More Materials in KG Urban v. Patrick

Here: KG Urban Complaint 15 KG v Patrick answer Our previous post is here.

Posted in Author: Matthew L.M. Fletcher, gaming, Research | Tagged , , , | 1 Comment

Federal Court Affirms Mass. Gaming Law Granting Preference to Tribes

Here is the lengthy opinion. No bones about it. This is a scary opinion delving at length into the constitutional infirmities of the political status classification doctrine first articulated in Morton v. Mancari. This judge would apply strict scrutiny but … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research | Tagged , , , | 6 Comments

Important Michigan Tribal Court Decision re: Civil Rights, Judicial Immunity, and the Awarding of Attorney Fees

Here is the decision in Joseph Martin v. Little River Band of Ottawa Indians from the Little River Band Tribal Court (Judge Bill Brott, sitting pro tem): Martin v. LRB.

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Research, sovereign immunity, tribal courts | Tagged , , , , , , , | 1 Comment

Update on Miccosukee Tribe’s Ongoing Everglades Case

Here are two recent orders in Miccosukee Tribe v. United States (S.D. Fla.), the upshot being that an equal protection claim against the federal government has survived a motion to dismiss: Miccosukee v US DCT Order on Motion to Dismiss … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , | Leave a comment