Tag Archives: Supreme Court

Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children. Cert petition filed by the Goldwater Institute purportedly … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Supreme Court | Tagged , , , , , , , , | Leave a comment

Scholars Amicus Brief in Patchak v. Zinke

Here: 16-498 bsac Fed. Cts. and Indian Law Scholars Background materials here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, Michigan Indian, Research, Supreme Court | 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

Tribal and Federal Merits Briefs in Patchak v. Zinke

Here: US Merits Brief Gun Lake Merits Brief Other briefs here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, Michigan Indian, Research, 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

Great Plains Lending v. Consumer Financial Protection Board Cert Petition

Here: Cert Petition Question presented: Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes. Lower court materials here.  UPDATE: NAFOA Amicus Brief States Amicus Brief

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

Town of Aquinnah v. Wampanoag Tribe of Gay Head (Aquinnah) Cert Petition

Here: Town of Aquinnah’s Cert Petition  Commonwealth of Massachusetts Cert Petition Question presented: Whether the Indian Gaming Regulatory Act, a statute of general application, impliedly repealed other federal statutes that specifically subject Indian tribes to state restrictions on gaming, a question that has divided the courts of appeals. Lower … Continue reading

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