Tag Archives: Supreme Court

SCOTUS Affirms Culverts Case by Equally Divided Court

Here is the order. Background materials here.

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

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

Here: cpn v okla cert petition Question presented: Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Lower court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, Supreme Court | Tagged , , , ,

Greg Ablavsky Commentary on Upper Skagit Decision

Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, sovereign immunity, Supreme Court | Tagged , ,

Jenn Weddle Guest Post on Upper Skagit Decision

The Upper Skagit Court’s restraint Monday is appreciated in Indian Country.  A “hornbook” law principle is that tribes need not suffer litigation unless and until either the tribe or Congress expressly says so.  Monday’s Upper Skagit opinion affords appropriate time … Continue reading

Posted in Guest Post: Jennifer Weddle, sovereign immunity, Supreme Court | Tagged , , | 3 Comments

Cert Stage Briefs in Eastern Shoshone/Northern Arapaho Tribes v. Wyoming

Here: northern arapaho tribe – cert petition eastern shoshone tribe v. wyoming — cert. petition amicus brief of ncai nos. 17-1159 and 17-1164 law profs amicus brief us brief in opposition riverton and fremont brief in opposition wyfb brief in … Continue reading

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

US Recommends Grant in Herrera v. Wyoming

Here is the invitation brief: 17-532 Herrera (ac pet) UPDATE: respondent supplemental brief petitioner supplemental brief Other cert stage briefs here.

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

Makah Whaling Cert Petition

Here is the petition in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe: 2018-05-21 makah cert petition and appendix Question presented: The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and … Continue reading

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

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion. From Justice Gorsuch’s opinion: Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , , | 1 Comment

SCOTUS Grants Royal v. Murphy

Here is today’s order list. Here are the cert stage materials.

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

SG Recommends Grant in Washington State Dept. of Licensing v. Cougar Den Inc.

Here: SG Brief Update (5-30-18): supplemental brief for respondent in response to brief of us solicitor general Here are the materials in Washington State Dept. of Licensing v. Cougar Den Inc.

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