Tag Archives: equal protection
Sarah Krakoff posted “Constitutional Concern, Membership, and Race” on SSRN. It is forthcoming in the Florida International Law Review. The abstract: American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies … Continue reading →
Here are the materials in Matheson v. Smith: CA9 Unpublished Memorandum Matheson Opening Brief Washington Brief Matheson Reply Brief Lower court materials here.
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 →
Here are the materials in Matheson v. Smith (W.D. Wash.): DCT Order Dismissing Matheson Complaint Matheson Motion for PI State Motion to Dismiss
Here: KG Urban Reply Brief
Here: Massachusetts Brief Suffolk Indian Law Clinic Amicus Brief Prior materials here.
Here is the opinion.
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.
Here: KG Urban Complaint 15 KG v Patrick answer Our previous post is here.
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 →