Category Archives: Supreme Court

SCOTUS Affirms Culverts Case by Equally Divided Court

Here is the order. Background materials here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, treaty rights | Tagged , , , , | Leave a comment

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

Here: cpn v okla cert petition Question presented: Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Lower court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, Supreme Court | Tagged , , , ,

Greg Ablavsky Commentary on Upper Skagit Decision

Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, sovereign immunity, Supreme Court | Tagged , ,

Jenn Weddle Guest Post on Upper Skagit Decision

The Upper Skagit Court’s restraint Monday is appreciated in Indian Country.  A “hornbook” law principle is that tribes need not suffer litigation unless and until either the tribe or Congress expressly says so.  Monday’s Upper Skagit opinion affords appropriate time … Continue reading

Posted in Guest Post: Jennifer Weddle, sovereign immunity, Supreme Court | Tagged , , | 3 Comments

Cert Stage Briefs in Eastern Shoshone/Northern Arapaho Tribes v. Wyoming

Here: northern arapaho tribe – cert petition eastern shoshone tribe v. wyoming — cert. petition amicus brief of ncai nos. 17-1159 and 17-1164 law profs amicus brief us brief in opposition riverton and fremont brief in opposition wyfb brief in … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , ,

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion. From Justice Gorsuch’s opinion: Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , , | 1 Comment

SCOTUS Grants Royal v. Murphy

Here is today’s order list. Here are the cert stage materials.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court | Tagged , , , , ,

WSBA Indian Law Section CLE Supreme Court Panel

Posted in Author: Ann Tweedy, Supreme Court, Symposia | Tagged , , , ,

SCOTUS Asks for Views of the Solicitor General in Osage Wind LLC v. Osage Minerals Council

Here is today’s order list. Here are the cert stage materials so far.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , ,

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Yesterday’s order list is here. Case materials are here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , , , ,