Category Archives: Supreme Court

SCOTUS Denied Cert in Challenge to Oneida Trust Land Acquisition on Monday (Central New York Fair Business Assoc. v Zinke)

Missed it. Sorry. 🙂 Here’s the order list from Monday. Petition is here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , , | Leave a comment

Fletcher on Law360: “A Look At The Impact Of Lewis V. Clarke Thus Far”

Here: In Lewis v. Clarke, the U.S. Supreme Court held that individual capacity suits against tribal employees are not cloaked by an Indian tribe’s sovereign immunity. As most Indian tribes have already acquired general liability insurance to cover the tortious actions of their … Continue reading

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

Upright Citizens Brigade Cert Petition Challenging Indian Rights

Say it isn’t so Amy Poehler! 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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , | Leave a comment

SCOTUS Grants Patchak v. Zinke

Here is the order list. Lower court materials are here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, Legislation, Michigan Indian, Research, Supreme Court | Tagged , , , | Leave a comment

Jenn Weddle Guest Commentary on Lewis v. Clarke

This was the best possible result in this case (a narrow remand).  Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal and state employees and decides the import of indemnification provisions – really have nothing to do with … Continue reading

Posted in Research, sovereign immunity, Supreme Court | Tagged , , , | Leave a comment

Unanimous SCOTUS Rules Against Tribe in Lewis v. Clarke

Here is the opinion. Materials here.

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

U.S. Supreme Court Reverses and Remands Lewis v. Clarke

Opinion here. JUSTICE SOTOMAYOR delivered the opinion of the Court. Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action … Continue reading

Posted in Author: Kate E. Fort, sovereign immunity, Supreme Court | Tagged , , , , | 2 Comments

Cert Petition Filed in Case Challenging Constitutionality of SBA Section 8(a)

Here is the petition in Rothe v. Dept. of Defense: Cert Petition Questions presented: 1. Whether a statutory program that requires an agency to distribute benefits to “socially disadvantaged individuals,” and defines “socially disadvantaged” in terms of membership in certain … Continue reading

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

SCOTUS Denies Cert in Sun v. Mashantucket

Here is today’s order list. Cert petition here.

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

Elie Mystal on the Chief Justice

Here is “John Roberts, Silent During The Garland Process, Suddenly Worries About Partisanship.” An excerpt: When Mitch McConnell decided that black presidents only get to be president for seven years and refused to hold a hearing on Barack Obama’s nominee … Continue reading

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