Category Archives: Supreme Court

Hackford v. Utah Cert Petition (Ute Reservation Boundaries)

Here: Hackford v Utah Cert Petition Questions presented: 1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or … Continue reading

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

Water District Files Cert Petition in Agua Caliente Water Rights Matter

Here is the petition in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians: Coachella Cert Petition Question presented: Whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States, 207 U.S. 564 (1908), preempts state-law regulation … Continue reading

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

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here: Cert Petition Questions presented: Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways. Lower court materials here.

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

SCOTUS Strikes Down Disparagement Provision of the Trademark Act

Here is the opinion in Matal v. Tam.

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

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

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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