Category Archives: Supreme Court
Please Join the Tribal Supreme Court Project for the Webinar, “Indian Country, the Supreme Court, and the Long Conference” – Monday, September 25, 2017 at 2:00 p.m. Eastern On September 25, the United States Supreme Court will hold its “long … Continue reading →
This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children. Cert petition filed by the Goldwater Institute purportedly … Continue reading →
Here: 16-498 bsac Fed. Cts. and Indian Law Scholars Background materials here.
Here is the petition in Upper Skagit Indian Tribe v. Lundgren: Cert Petition Question presented: Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it? Lower court materials … Continue reading →
Here: US Merits Brief Gun Lake Merits Brief Other briefs here.
Here: Seattle Human Rights Commission Culvert_OpEd An excerpt: The Seattle Human Rights Commission writes in response to the Seattle Times recent editorial “The Supreme Court must clarify culvert ruling,” and seeks to correct inaccuracies regarding tribal treaty rights and the State’s obligation … Continue reading →
Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses
Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.): 142 Motion to Confirm Stay Order 143 Response 145 Reply 147 DCT Order Prior posts here.
Here: Cert Petition AFN Amicus Brief
Here: Cert Petition Questions presented: 1. Whether a tribe that opted out of the Indian Reorganization Act can have its status under the Act revived under the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not … Continue reading →
Here: Cert Petition Question presented: Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes. Lower court materials here. UPDATE: NAFOA Amicus Brief States Amicus Brief