Tag Archives: cert petition

Kansas v. NIGC Cert Petition

Here: Cert Petition Question presented: Whether NIGC legal opinions that determine whether Indian lands are eligible for gaming under IGRA are reviewable final agency actions. Lower court materials here.

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

SCOTUS Asks for Views of Solicitor General in Cougar Den Case; Cert Denied in Petitions involving Poarch Band Creek and Ute Indian Tribe

Here is the order list. Here are the materials in Washington State Dept. of Licensing v. Cougar Den Inc. Here are the materials in Hackford v. Utah. He didn’t post Williams v. Poarch Band because it was a pro se petition.

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

Window Rock Unified School District v. Reeves (Nez) Cert Petition

Here: Cert Petition  Question presented: Whether a tribal court has jurisdiction to adjudicate employment claims by Arizona school district employees against their Arizona school district employer that operates on the Navajo reservation pursuant to a state constitutional mandate to provide … Continue reading

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

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here: Cert Petition Question presented: This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes? Lower court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal constitutions, tribal courts, tribal election, tribal membership | Tagged , , , , | Leave a comment

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

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

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

Seattle Human Rights Commission Letter on Culverts Case

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

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

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.

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

Alaska v. Ross Cert Stage Materials (ESA Seal Listing)

Here: Cert Petition AFN Amicus Brief

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

Town of Vernon v. United States Cert Stage Materials

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

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

Seattle Times Editorial Board Supports WA’s Cert Petition in Culverts Case

Here. Previous coverage is here.

Posted in Author: Ann Tweedy, Environmental | Tagged , , , , | 1 Comment