Tag Archives: Fifth Circuit

Statement from the Four Intervening/Appellant Tribes on the Stay of the Texas v. Zinke Decision

Joint Tribal Statement re Fifth Circuit Stay 12.3.18 We applaud the Fifth Circuit Court of Appeals for staying a recent ruling in Texas that struck down the Indian Child Welfare Act (ICWA). This stay decision protects children from potential abuse … Continue reading

Posted in Research | Tagged , , , , , ,

United States Files Notice of Appeal in Texas v. Zinke (ICWA)

Notice of Appeal

Posted in Child Welfare, ICWA | Tagged , ,

NCAI and NARF Information on Tribal Amicus Brief for Texas v. Zinke

Here: Information on the case here. Important Indian Child Welfare Act Case, Brackeen v. Zinke, likely to be appealed to the Fifth Circuit Court of Appeals. NCAI and its partners urge tribal nations to join tribal amicus brief. We need … Continue reading

Posted in Child Welfare, ICWA | Tagged , , ,

Four Intervening Tribes in Texas v. Zinke ICWA Case File Notice to Appeal and Motion to Stay in Fifth Circuit

New Fifth Circuit page here. Tribal Motion for Stay Pending Appeal Finally, the district court’s ruling will cause significant inconsistency throughout the country. As this Court noted in Bryant, when issuing a stay, “[t]he inevitable disruption that would arise from … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Fifth Circuit Decides Indian Prisoner Religious Freedom Case

Here is the opinion in Davis v. Davis. An excerpt: Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). … Continue reading

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

SCOTUS GVRs Knight v. Thompson — A Native Prisoner Matter — in Light of Holt v. Hobbs

Here is the order. BTW, a GVR stands for “grant vacate remand.” It usually means, as I believe it does here, that the Supreme Court has decided a matter that will affect the disposition of another matter pending before the … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research, Supreme Court | Tagged , , , , , , | 3 Comments

Navajo Boy Sent Home for Having Long Hair on First Day of School

Here is one of many articles. And here is what the Fifth Circuit has already said about such nonsense regarding the treatment of another 5-year-old in Texas: A Native American boy and his parents challenge a school district’s requirement that … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, cultural resources, Education | Tagged , , , | 1 Comment

Fifth Circuit Holds Eagle Act Regulations May Violate RFRA

Here is the opinion. An excerpt: Appellants filed suit against the Department of the Interior (the “Department”) seeking a declaration of rights that the Department’s enforcement of the Migratory Bird Treaty Act (the “MBTA”) and the Bald and Golden Eagle … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Regulations, Research | Tagged , , , , | 1 Comment

Alabama-Coushatta Loses Aboriginal Title Claim at Fifth Circuit

Here is the opinion in Alabama-Coushatta Tribe v. United States. We posted briefs here. H/T Pechanga.

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

NCAI and Huy Amicus Brief Supporting Cert Petition of Native Prisoner

Here is the amicus brief in Knight v. Thompson: Knight – NCAIHuyCertAmicus Lower court materials are here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , | 3 Comments