Upright Citizens Brigade Cert Petition Challenging Indian Rights

Say it isn’t so Amy Poehler!UCB2

Actually, the petition is captioned Upstate Citizens for Equality v. United States:

Cert Petition

Questions presented:

1. Can Congress in the exercise of its Article 1 powers infringe, reduce or diminish the territorial integrity of a State without its prior consent?
2. Does Congress possess plenary power over Indian affairs and if so does it expand the Indian Commerce Clause to authorize the displacement of State rights to territorial integrity?
3. Does the land acquisition in this case via the mechanism of 25 USC § 465 (now 25 USC § 5108), represent a violation of the limits inherently expressed in the Indian Commerce Clause that limit Congress’ power to ‘regulate’ ‘commerce?’
4. Does the 300,000-acre ancient Oneida Indian reservation in New York still exist?

Lower court materials here.

Update (7/7/17)– the adults have entered the room — here is the federal government’s cert opp brief:

Cert Opp


This entry was posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court and tagged , , , . Bookmark the permalink.

One Response to Upright Citizens Brigade Cert Petition Challenging Indian Rights

  1. Pingback: Greg Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part I—the Indian Commerce Clause | Turtle Talk

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