Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Here is the petition in Bearscomesout v. United States:

bearcomesout cert petition

Question presented:

Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s Constitution in this case such that Petitioner’s prosecutions in both tribal and federal court violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

The Ninth Circuit’s unpublished opinion is here. We posted briefs in this case because the federal appellate defender characterized this case as a direct challenge to the applicability of the dual sovereign exception to double jeopardy as applied to Indian tribes.

SCOTUSBlog notes this case has been relisted, perhaps because a justice wants to write a dissent from denial of certiorari (Justice Thomas anyone?), but who knows?

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, tribal constitutions and tagged , , , . Bookmark the permalink.