Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13

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

Federal Court Issues Protective Order re: Sacred Sites in Pueblo of Jemez Land Claim against US

Here are the materials in Pueblo of Jemez v. United States (D.N.M.):

105 Pueblo Motion for Protective Order

108 US Response and Cross Motion

110 Pueblo Reply

113 US Reply

114 DCT Order

This case is on remand from the Tenth Circuit, which allowed the Pueblo’s aboriginal title claims to proceed.

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

More DAPL Pleadings (March 15 to Present)

Here:

174 ACOE Unopposed Motion to Consolidate Cases

174-1 Proposed Order

175 SRST Motion to Extend Time

176 DAPL Opp to SRST Mtn Ext Time

177 Vance Response to Court’s 3-3-17 Order

[178 sealed]

179 DAPL Status Report-Redacted

180 Stmt of Prop Intervenors as to Adequacy of Representation by Tribes

181 Notice of Lodging Administrative Record

184 ACOE OPP to CRST Mtn PSJ & Cross Mtn for PSJ

Prior post here. All DAPL documents here.

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

Ninth Circuit Briefs in Jamul Action Committee Appeal

Here are the briefs (so far) in Jamul Action Committee v. [Chaudhuri]:

Jamul Action Committee Opening Brief

Lower court materials here.

 

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , , | Leave a comment

Ninth Circuit Rejects Challenges to Navajo Generating Station Clean Air FIP

Here is the opinion in Yazzie v. EPA. Here is the opinion in Hopi Tribe v. EPA. The Yazzie opinion is the lead opinion and has more details.

Materials in the Yazzie appeal are here. Materials in the Hopi appeal are here (some of the Yazzie briefs are here, too).

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

Picayune Rancheria Sued by Gaming Management Company for Breach of Contract

Here is the complaint in Osceola Blackwood Ivory Gaming Group v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

Complaint

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research | Tagged , | Leave a comment

Meyers v. Nicolet Restaurant Cert Petition

Here:

Meyers v Nicolet Restaurant Cert Petition

This is a companion to a petition involving the Oneida Tribe of Wisconsin.

 

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

Ninth Circuit Briefs in Challenge to North Fork Rancheria Trust Acquisition

Here are the materials in Stand Up for California! v. Dept. of Interior:

Picayune Rancheria Opening Brief

Stand Up Opening Brief

Lower court materials here.

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

Louise Erdrich Wins National Book Critics Circle Award for “LaRose”

Here.

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

A Little History on Andrew Jackson and the Supreme Court (for Mike Huckabee)

Mike Huckabee invoked Andrew Jackson in encouraging the President to not comply with federal court orders striking the Muslim travel ban, saying “Hoping @POTUS tells Hawaii judge what Andrew Jackson told overreaching court-“I’ll ignore it and let the court enforce their order.”, invoking the aftermath of Worcester v. Georgia, in which the Supreme Court held that Georgia could not prosecute a white man (Worcester) for setting foot in Cherokee Indian country without its permission.

Like the President, Mr. Huckabee should look into history to see not only how offensive that statement is to both Indian people and to the integrity of United States, but how President Jackson ultimately and completely capitulated to the Supreme Court.

Here is Justice Breyer’s retelling of the incident:

But then North Carolina . . . said, “We will not give the United States customs duties that we owe them because we prefer to keep them. Andrew Jackson woke up to the problem and he ended up saying to the governor of Georgia, You must release Worcester.” They had a negotiation and Worcester was let out of jail.

Stephen G. Breyer, Reflections of a Junior Justice, 54 Drake L. Rev. 7, 9 (2005). In short, once President Jackson realized that South Carolina heard his comment about the Supreme Court enforcing their own orders and were ready to stop paying federal tariffs, he contacted Georgia Governor Lumpkin privately and asked him to release Worcester. He also got Congress to pass a “Force Act,” authorizing him to use the military against South Carolina to enforce those federal tariffs. He effectively capitulated to the Supreme Court in order to save the Union, leaving that mess for future Presidents.

And, finally, here is Chief Justice Marshall’s private mockery of Andrew Jackson after the President had capitulated:

Imitating the Quaker who said the dog he wished to destroy was mad, they said Andrew Jackson had become a Federalist, even an ultra-Federalist. To have said he was ready to break down and trample on every other department of the government would not have injured him, but to say that he was a Federalist–a convert to the opinions of Washington, was a mortal blow under which he is yet staggering.

David Loth, Chief Justice: John Marshall and the Growth of the Republic 368 (1949) (quoting a letter from Chief Justice Marshall to Justice Story). The Chief Justice was near death when he wrote this letter, and months earlier had believed that President Jackson’s refusal to enforce the Court’s order in Worcester was going to be the end of the Court, and perhaps the Constitution, and perhaps the Union. This letter expressed his relief that the Worcester order would be enforced, and his mockery of President Jackson for seemingly turning on his states’ rights ideology.

 

 

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