Tag Archives: Fourteenth Amendment

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review. An excerpt: This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA, Michigan Indian, Scholarship | Tagged , , , , | Leave a comment

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt: In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, … Continue reading

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Update in South Dakota Prisoner Litigation– No Stay on Appeal and Attorney Fees Award

Here are the new materials in Native American Council of Tribes v. Weber (D. S.D.): DCT Order on Stay and Attorney Fees Prior materials are here, here, here, and here.

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

Remedial Order re: South Dakota Prison Ban on Tobacco

The case, once again, is Native American Council of Tribes v. Weber (D. S.D.): DCT Remedial Order The court previously issued an order explaining how the ban violates federal religious freedom rights here. Since the prison system could not agree … Continue reading

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Navajo Nation Sues Gallup-Kinley School Board over Voting Rights

Here are the materials in Navajo Nation v. Gallup-McKinley Schools Board of Education (D. N.M.): Navajo Nation v. GMCS Complaint 12-06-12 Navajo Motion for PI

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South Dakota American Indian Prisoners Prove State Ban on Tobacco Violates Religious Freedom Rights

Here are the materials in Native American Council of Tribes v. Weber (D. S.D.): Plaintiffs’ Post-Trial Brief South Dakota Post-Trial Brief Plaintiffs’ Post-Trial Reply US Statement of Interest South Dakota Response to US DCT Order Finding Violation Earlier materials on … Continue reading

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

DOJ Joins Plaintiffs in Challenge to South Dakota Ban on Indian Prisoner Use of Tobacco

Here is that brief: US Statement of Interest The parties’ initial post-trial briefs are here: Brings Plenty Post-Trial Brief South Dakota Post-Trial Brief Our prior post is here. News coverage (h/t A.E.).

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , | 2 Comments

Government Summary Judgment Motion Denied in Challenge to S. Dakota Prison Ban on Tobacco

Here is the opinion in Native American Council of Tribes v. Weber (D. S.D.): NA Council of Tribes v Weber Summary judgment is denied on plaintiffs’ RLUIPA claim because genuine issues of material fact exist on whether defendants’ October 2009 … Continue reading

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Paul Finkelman, Jim Anaya, and Jack Chin on Birthright Citizenship

From the Huffington Post (h/t LHB): Under the Fourteenth Amendment, children born in the United States are citizens, even if their parents are not. Inspired by Arizona’s new (and partially suspended) law regulating unauthorized immigration, Senators Mitch McConnell, John Kyl, … Continue reading

Posted in Author: Matthew L.M. Fletcher, News | Tagged , , , , | 1 Comment

Does the 14th Amendment Privileges or Immunities Clause Extend the Second Amendment and Other Federal Rights to Indian Country?

Way out my league here, but Justice Thomas, perhaps, might think so. His reference today in McDonald v. City of Chicago to two Indian treaties from 1862 and 1868 [slip op. at 20 n. 7 (Thomas, J., concurring)] suggests that … Continue reading

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