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Alaska Federation of Natives urges no vote on Kavanaugh

​The Alaska Federation of Natives Wednesday called on the Senate to reject President Donald J. Trump’s nominee for the Supreme Court, Judge Brett Kavanaugh.

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Supreme Court

9/18/2018

article Alaska Natives Press Lisa Murkowski To Reject Brett Kavanaugh
(Washington D.C.) -- Sen. Lisa Murkowski (R-Alaska) was already under pressure from Alaska Natives to oppose Supreme Court nominee Brett Kavanaugh. It just got more...
article Despite thin record on Native law, tribes wary of Kavanaugh nomination
(Washington D.C.) -- Add Native Americans to the list of groups concerned about Judge Brett Kavanaugh’s nomination to the Supreme Court. Tribal and legal officials...

9/17/2018

article Native Leader Expresses Concern About Kavanaugh
(Idaho) -- Native American leaders say they have concerns about U.S. Supreme Court nominee Brett Kavanaugh. Today [Monday] in Worley, Idaho, the executive director of...

9/16/2018

article LETTER: Kavanaugh writings suggest hostility toward native tribes
(Maine) -- I am a retired law professor whose principal scholarship has been devoted to American Indian law. In 2001, I published an article in the Columbia Law Review...
article Why AFN wants Murkowski to reject Kavanaugh
(Alaska) -- Sen. Lisa Murkowski still isn’t saying how she’ll vote on the nomination of Brett Kavanaugh to the Supreme Court. But Wednesday, a powerful voice...

9/15/2018

article Tribes, others weigh in on Crow man's poaching case before Supreme Court
(Washington D.C.) -- Ten briefs have been filed in the U.S. Supreme Court supporting a Crow tribal member’s contention that his people’s treaty right to hunt...
article ICYMI: Alaska Federation of Natives, a key supporter of Murkowski, opposes Kavanaugh appointment
(Alaska) -- Alaska's largest Native organization said Wednesday it "strongly" opposes the appointment of Judge Brett Kavanaugh to the Supreme Court,...
article Sen. Sullivan talks with Kavanaugh, says Supreme Court nominee recognizes unique Alaska Native rights
(Alaska) -- Sen. Dan Sullivan, responding to criticism that Supreme Court nominee Brett Kavanaugh could threaten unique laws and programs for Alaska Natives, said the...
article Sullivan supports Kavanaugh after AFN opposition
(Alaska) -- Alaska Republican Sen. Dan Sullivan reiterated his support for the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court even after the Alaska...
article SEN. UDALL: High court nominee Kavanaugh is no friend to Indian Country
(New Mexico) -- President Donald Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court represents the most consequential appointment to the court in...

9/13/2018

article Alaska Federation of Natives urges no vote on Kavanaugh
(Washington D.C.) -- ​The Alaska Federation of Natives Wednesday called on the Senate to reject President Donald J. Trump’s nominee for the Supreme Court, Judge...
article Murkowski to mull Kavanaugh's record on tribes
(Washington D.C.) -- Sen. Lisa Murkowski is scrutinizing Supreme Court nominee Brett Kavanaugh's record on tribal issues, as pressure grows from Alaska Natives to...

9/12/2018

article Baseball tickets? Gambling debts? Supreme Court nominee Brett Kavanaugh answers Democrats' queries
(Washington D.C.) -- Supreme Court nominee Brett Kavanaugh responded to more than 1,000 written questions from dissatisfied Democrats Wednesday by revealing more about...
article Supreme Court Nominee Brett Kavanaugh Denies Having A Gambling Problem
(Washington D.C.) -- Supreme Court nominee Brett Kavanaugh denied having a gambling problem in a questionnaire submitted to the Senate Judiciary Committee on Wednesday....

9/11/2018

article Brett Kavanaugh Poses a Threat to Native American Tribal Sovereignty
(Washington D.C.) -- Donald Trump has a long history of racism when it comes to Native Americans. Since he’s become president, his constant references to Sen....
article Interest Groups Turn Up Pressure on Senators Before Kavanaugh Vote
(Washington D.C.) -- Pressure is intensifying on undecided senators before a vote to confirm President Trump’s Supreme Court nominee, with one senator —...
article NAGLE: Brett Kavanaugh, the New Supreme Court Associate Justice Nominee, Should be Questioned about Native Rights
(Washington D.C.) -- Yesterday evening, President Trump announced his pick to replace Anthony Kennedy on the Supreme Court of the United States: Brett Kavanaugh. While...
article Sheldon Whitehouse Asks Brett Kavanaugh If He Has A Gambling Problem
(Washington D.C.) -- Sen. Sheldon Whitehouse (D-R.I.) wants to know if Judge Brett Kavanaugh, President Donald Trump’s nominee to the Supreme Court, has a gambling...
article TRAHANT: Are Native issues enough to sink Brett Kavanaugh's Supreme Court nomination?
(Washington D.C.) -- Are Native-related issues enough to sink the nomination of President Donald J. Trump’s choice for the Supreme Court? The Senate is now...
article Why Brett Kavanaugh Scares Native Rights Advocates
(Washington D.C.) -- To Sen. Mazie Hirono, U.S. Supreme Court nominee Brett Kavanaugh is just the latest threat to Native Hawaiians. Federal programs benefiting Native...
article OP/ED: Kavanaugh is bad for Alaska’s tribes
(Washington D.C.) -- On Tuesday, Sept. 4, the Senate Judiciary Committee began confirmation hearings for Brett Kavanaugh, President Trump’s nominee to the United...

9/10/2018

article Indian territory again? An old Oklahoma murder case spotlights tribal sovereignty
(Washington D.C.) -- Nothing in the convicted murderer’s appeal seemed to get much traction except one detail in the case: The location of the 1999 crime is on...
article Seven states urge Fed Circuit to rehear tribal immunity case
(Washington D.C.) -- Seven states have urged the US Court of Appeals for the Federal Circuit to rehear a decision rejecting the use of tribal sovereign immunity in the...

9/9/2018

article Lisa Murkowski’s Biggest Reason To Oppose Brett Kavanaugh May Not Be Abortion Rights
(Washington D.C.) -- For all the speculation about Sen. Lisa Murkowski (R-Alaska) and whether she’ll vote for Supreme Court nominee Brett Kavanaugh, there is an...
article Murkowski pressured by Natives to vote ‘no’ on Kavanaugh
(Alaska) -- Native Alaskans are emerging as a pressure point on Sen. Lisa Murkowski, who may hold one of the key votes for the confirmation of Judge Brett Kavanaugh to...
article PETERSON: Kavanaugh Bad for Alaska’s Tribes
(Alaska) -- On Tuesday, September 4th, the Senate Judiciary Committee began confirmation hearings for Brett Kavanaugh, President Trump’s nominee to the United...
article The Energy 202: How Brett Kavanaugh could rein in environmental rules on the Supreme Court
(Washington D.C.) -- Two years ago, the second highest court in the land upheld a controversial decision by the Environmental Protection Agency to block a permit for...

9/7/2018

article Native Americans Worry Trump Supreme Court Pick Threatens Sovereignty
(Washington D.C.) -- Native Americans have expressed concern about President Donald Trump's pick for Supreme Court justice, Brett Kavanaugh, whose confirmation...

9/6/2018

article Kavanaugh, Hawaii’s Hirono clash over sexual misconduct, article on Native Hawaiians
(Washington D.C.) -- U.S. Sen. Mazie Hirono, D-Hawaii, grilled Supreme Court nominee Brett Kavanaugh on Wednesday over a 1990s article he wrote, questioning whether...

9/5/2018

article Brett Kavanaugh No Friend Of Special Rights For Native Hawaiians
(Washington D.C.) -- Native Hawaiian issues have a prominent place in U.S. Supreme Court nominee Brett Kavanaugh’s past. And while the topic was not discussed on...

9/3/2018

article The Attack on Labor Itself Begins Tuesday
(Washington D.C.) -- Monday is Labor Day and, on Tuesday, the Senate Judiciary Committee will begin hearings into the nomination and inevitable confirmation of Brett...

9/1/2018

article U.S. Supreme Court to hear Sheridan County poaching case
(Wyoming) -- An elk poaching case out of Sheridan County will move to the U.S. Supreme Court with potential national implications on hunting laws for Native Americans....

8/29/2018

article U.S. Supreme Court accepts review of Crow elk poaching case
(Washington D.C.) -- Following three judicial rulings, the U.S. Supreme Court accepted review of the criminal case against Clayvin Herrera, who allegedly poached an elk...
article Trump's Supreme Court pick signals skepticism over GOP's latest bid to repeal Obamacare
(Washington D.C.) -- If Republicans are hoping Supreme Court nominee Brett Kavanaugh will help them knock down Obamacare in the courts, they might be in for a...

8/24/2018

article BUFFALO: Judge Kavanaugh's views don't fit Native needs
(North Dakota) -- Judge Kavanaugh’s views on voting rights and racial justice in America are extremely troubling -- in light of the fact that right now Native...

8/20/2018

article Six briefs filed in Murphy case in support of Oklahoma
(Washington D.C.) -- The case that could potentially update the boundaries for the State of Oklahoma and the Muscogee (Creek) Nation and define Indian Country and...

8/18/2018

article Commentary: Kavanaugh's record poses threat to Native people
(North Dakota) -- Judge Brett Kavanaugh's views on voting rights and racial justice in America are extremely troubling, especially in light of the fact that right...

8/12/2018

article Kavanaugh documents offer minor clues into his Bush White House years
(Washington D.C.) -- An additional 88,000 pages of documents from Supreme Court nominee Brett M. Kavanaugh’s time as a lawyer for the George W. Bush White House...

8/8/2018

article Nebraska, Kansas file amicus brief in Murphy case
(Washington D.C.) -- The states of Nebraska and Kansas are filing an amicus, or friend of the court, brief in the Murphy v. Royal case. Joining Nebraska Attorney General...
article ANALYSIS: The next Supreme Court pick could shape Indian law for decades
(Washington D.C.) -- Now that Justice Anthony Kennedy has announced his retirement from the U.S. Supreme Court, Indian Country is again asking what a new justice could...

8/4/2018

article Trump administration urges Supreme Court to overturn ruling in Indian land murder case
(Washington D.C.) -- President Donald Trump’s administration has urged the U.S. Supreme Court to overturn a lower court’s ruling that found that the Muscogee...
article Solicitor General: Supreme Court should hear Crow case
(Washington D.C.) -- The U.S. Supreme Court should review a case in which a Crow tribal member and game warden from Montana is asserting his treaty right to hunt elk in...
article The Partisan Battle Brett Kavanaugh Now Regrets
(Washington D.C.) -- By the beginning of 1998, Brett M. Kavanaugh seemed set: a Yale law degree, three judicial clerkships, including one with Justice Anthony M. Kennedy...

7/28/2018

article Fears in Oklahoma over ruling in tribal sovereignty case
(Oklahoma) -- Patrick Murphy was convicted of killing a fellow Muscogee (Creek) Nation man in 1999 and was sentenced to die. Prosecutors say he mutilated George Jacobs...
article Wash. Tribes Urge Supreme Court To Rebuff Fishing Petition [sub req]
(Washington D.C.) -- The Quileute Indian tribe and the Quinault Indian Nation on Wednesday urged the U.S. Supreme Court to reject a bid by another Washington state tribe...

7/23/2018

article Supreme Court agrees to review Crow treaty hunting rights case
(Washington D.C.) -- The Supreme Court has agreed to hear the appeal of Crow Tribe member Clayvin Herrera from the Wyoming Supreme Court’s affirmance of his...

7/15/2018

article What sovereignty means for America’s Indian tribes
(Washington D.C.) -- AMID the headline-grabbing news from the Supreme Court this term—the travel ban upheld, Anthony Kennedy’s retirement—came...
article On abortion and other issues, Kavanaugh’s heroes are more conservative than Kennedy
(Washington D.C.) -- When Judge Brett M. Kavanaugh was nominated to the Supreme Court last week, he said he was “deeply honored” to have the chance to...

7/14/2018

article Influential Judge, Loyal Friend, Conservative Warrior — and D.C. Insider
(Washington D.C.) -- When Judge Brett M. Kavanaugh introduced himself to the American people on Monday, with a beaming President Trump beside him, he had a lot to say...
article Lawmakers look to Kavanaugh’s past confirmation fight for lessons in new Supreme Court battle
(Washington D.C.) -- The nominee was a baby-faced 41-year-old White House staffer. His chief protagonist, barely in his second Senate term, won special privileges to...

7/10/2018

article NAGLE: Brett Kavanaugh, the New Supreme Court Associate Justice Nominee, Should be Questioned about Native Rights
(Washington D.C.) -- Yesterday evening, President Trump announced his pick to replace Anthony Kennedy on the Supreme Court of the United States: Brett Kavanaugh. While...
article A conservative majority: Supreme Court shifts to the right
(Washington D.C.) -- Even before President Donald Trump nominated U.S. Circuit Judge Brett Kavanaugh to the Supreme Court nominee Monday night, advocates for a range of...
article Why Brett Kavanaugh Will Carry Trump’s Water
(Washington D.C.) -- President Trump’s new Supreme Court nominee, Brett Kavanaugh, already has signaled that he will be sympathetic to the president’s legal...

7/9/2018

article Brett Kavanaugh is nominated by Trump to succeed Supreme Court Justice Anthony M. Kennedy
(Washington D.C.) -- President Trump on Monday nominated federal judge Brett M. Kavanaugh to the Supreme Court, elevating a conservative stalwart with deep ties to the...
article DC Circuit allows suit against Cherokee chief in Freedmen case
(Oklahoma) -- The chief of the Cherokee Nation of Oklahoma can be sued by Freedmen descendants, the D.C. Circuit Court of Appeals ruled today. The tribe cannot be sued...

7/8/2018

article Trump still pondering Supreme Court pick as big reveal nears
(Washington D.C.) -- President Donald Trump said Sunday he was still deliberating his decision on a replacement for Supreme Court Justice Anthony Kennedy as his self-...

7/7/2018

article How Conservatives Won the Battle Over the Courts
(Washington D.C.) -- As Democrats await to hear whom President Donald Trump will pick on Monday to fill the vacancy left by Supreme Court Justice Anthony Kennedy, many...
article McConnell Tries to Nudge Trump Toward Two Supreme Court Options
(Washington D.C.) -- Senator Mitch McConnell, the Republican leader, told President Trump this past week that Judges Raymond M. Kethledge and Thomas M. Hardiman...
article Religious liberty becomes a main focus for conservatives in Supreme Court nomination
(Washington D.C.) -- Raymond Kethledge, one of President Trump’s finalists for the U.S. Supreme Court, has never explicitly stated his views on abortion or same-...
article Supreme Court contender Kethledge enters spotlight as conservatives look for ‘Gorsuch 2.0’
(Washington D.C.) -- Raymond Kethledge was working on his book about leadership and solitude in 2016 when the phone rang. It was the landline, because in the office of...

7/6/2018

article FLETCHER: Why Justice Anthony Kennedy wasn’t good for Indian Country
(Washington D.C.) -- My most enduring memory of Supreme Court Justice Anthony Kennedy is watching him lean over the bench, red-faced and angry, lecturing attorney Neal...
article Supreme Court Reporter: 'The Politics Of The First Amendment Have Completely Flipped'
(Washington D.C.) -- New York Times journalist Adam Liptak says the court's conservative justices have increasingly based their decisions on the foundation of free...

7/5/2018

article John Roberts Has Cast A Pivotal Liberal Vote Only 5 Times
(Washington D.C.) -- John Roberts is likely about to occupy a dual position that no one else has in the modern history of the United States: He will be both the court...
article Trump narrows list for Supreme Court pick, with focus on Kavanaugh and Kethledge
(Washington D.C.) -- President Trump’s deliberations over a Supreme Court nominee now center on three candidates culled from his shortlist: federal judges Brett M...

7/4/2018

article Liberal Democrats mount campaign against Trump’s Supreme Court nominee by targeting two Republican senators
(Washington D.C.) -- Liberal political strategists hope to block President Trump’s next Supreme Court nominee by replaying a strategy they used to help defeat the...
article Trump’s Supreme Court search unleashes fierce politicking
(Washington D.C.) -- President Donald Trump’s commitment to select from a widely publicized list of Supreme Court candidates may have helped win him the White...

7/3/2018

article A Better Reason to Delay Kennedy’s Replacement
(Washington D.C.) -- Almost immediately after Justice Anthony Kennedy announced his retirement on Wednesday, Senate Democrats argued that his replacement should not be...

7/1/2018

article FLETCHER: Reflections on Justice Kennedy’s Indian Law Legacy
(Washington D.C.) -- My most enduring memory of Justice Kennedy is no doubt watching him lean over the bench, red faced and angry, screaming/yelling/lecturing at Neal...

6/30/2018

article Trump Says He Will Announce Supreme Court Pick on July 9
(Washington D.C.) -- President Trump said Friday that he plans to announce his pick to replace Justice Anthony M. Kennedy on July 9, quickly kicking off a confirmation...
article ‘We have to pick a great one’: Inside Trump’s plan for a new Supreme Court justice
(Washington D.C.) -- President Trump is driving to execute the same playbook in selecting a new Supreme Court nominee that last year delivered swift confirmation of...

6/29/2018

article What the New Supreme Court Will Decide
(Washington D.C.) -- For the first time in more than 30 years, the Supreme Court will reconvene from its summer recess this fall without Anthony Kennedy. The longtime...
article White House moving quickly to nominate another conservative to fill Supreme Court seat
(Washington D.C.) -- President Trump and his Republican Senate allies are racing to choose and confirm a new justice in time for the next Supreme Court session Oct. 1...
article Supreme Court to review Crow elk hunting rights in Wyoming
(Washington D.C.) -- The U.S. Supreme Court has agreed to review a case in which a Crow tribal member and former tribal game warden from Montana is asserting his right...

6/28/2018

article GOP plans to steamroll Dems on Supreme Court pick
(Washington D.C.) -- Senate Republicans plan to confirm a new Supreme Court justice to replace retiring Anthony Kennedy before the midterm elections, according to...
article Wild ride continues as Supreme Court agrees to hear another treaty case
(Washington D.C.) -- Indian Country is preparing for yet another busy season at the U.S. Supreme Court, where a political firestorm has erupted due to the retirement of...

6/27/2018

article Justice Anthony Kennedy to retire, giving Trump a chance to shift Supreme Court sharply right
(Washington D.C.) -- Justice Anthony M. Kennedy, the Supreme Court centrist who for a generation has cast the deciding vote in the biggest cases, plans to retire, giving...
article Supreme Court goes out with a bang as key justice departs
(Washington D.C.) -- The U.S. Supreme Court will be undergoing another shakeup in the Trump era with the departure of a key member who has played a critical role in...
article Supreme Court Justice Anthony Kennedy Will Retire
(Washington D.C.) -- Justice Anthony M. Kennedy announced on Wednesday that he would retire this summer, setting in motion a furious fight over the future of the Supreme...
article Who’s on President Trump’s list to replace Justice Kennedy?
(Washington D.C.) -- Justice Anthony M. Kennedy’s announcement Wednesday that he is retiring from the U.S. Supreme Court effective July 31 has opened the...
article SCOTUS To Review 'Landmark' Tribal Sovereignty Case
(Washington D.C.) -- Last year, the Washington state Supreme Court granted the Yakama Nation the right to transport goods and services across state lines without...

6/26/2018

article US Supreme Court to review Yakama gas tax exemption case
(Washington D.C.) -- The U.S. Supreme Court has agreed to review whether Yakama tribal members are exempt from Washington state gas taxes on the reservation. The Yakima...
article BLOG: The U.S. Supreme Court Adds to California’s Treasury
(California) -- The state of California already sitting on a record surplus would benefit from an additional revenue windfall thanks to two decisions handed down by the...

6/25/2018

article High Court Takes Up Native American Tax Case
(Washington D.C.) -- The state of Washington will head to the U.S. Supreme Court next term for the right to tax a fuel distributor owned by a Native American tribe. As...
article Supreme Court delivers bad news to tribes as term draws to a close
(Washington D.C.) -- The U.S. Supreme Court won't be letting Indian Country rest over the summer even as an unusually busy term comes to a close in the nation's...

6/20/2018

article Supreme Court poised to take action on some major Indian law petitions
(Washington D.C.) -- The U.S. Supreme Court is almost finished with its current term, one in which Indian Country fared surprisingly well. Of the three cases decided...

6/12/2018

article 'A fantastic day for Indian Country': Treaty tribes celebrate Supreme Court victory
(Washington D.C.) -- The Supreme Court affirmed the treaty rights of tribal nations in Washington state Monday in a case that also confirms the treaty rights of tribes...
article A Supreme Court victory for a tribe that's lost its salmon
(Washington D.C.) -- There was a time when the murky waters of the Skagit River offered bountiful salmon harvests to the Swinomish Indians of Washington. They could fill...
article Opinion analysis: Court affirms without opinion in tribal-fishing-rights case
(Washington D.C.) -- Yesterday, the Supreme Court announced its decision — but no opinion — in Washington v. United States, a case addressing tribal fishing...
article Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case
(Washington D.C.) -- Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals...
article Supreme Court tie goes to Washington tribes in landmark culvert case
(Washington D.C.) -- The U.S. Supreme Court’s 4-4 tie on whether Washington’s fish-impeding culverts violate treaty rights was a victory for 21 Western...
article Will the state learn from another loss on tribal fishing rights?
(Washington) -- The state has gotten slapped down: Again. On Monday; the United States Supreme Court affirmed lower court rulings that Washington had to accelerate its...

6/11/2018

article Connelly: Courts have ruled -- Wash. must fix culverts so salmon can pass
(Washington D.C.) -- An evenly split U.S. Supreme Court has let stand a lower court ruling that the state of Washington must fix or replace hundreds of culverts that...
article Deadlock in highways-or-habitat fight hands win to tribes
(Washington D.C.) -- The Supreme Court deadlocked today on Washington state's effort to get off the hook for repairing tunnels that block salmon runs in its...
article High Court Tie in Salmon-Habitat Case Will Cost Washington
(Washington D.C.) -- An unusual tie Monday at the Supreme Court has left intact an order expected to cost Washington billions of dollars after Native American tribes...
article Supreme Court Affirms Native American Treaty Rights to Harvest Salmon
(Washington D.C.) -- The Supreme Court affirmed the treaty rights of tribal nations in Washington state today in a case that also confirms the treaty rights of tribes...
article Supreme Court tie favors Indian tribes in Washington state
(Washington D.C.) -- Washington state must restore salmon habitat by removing barriers that block fish migration after the U.S. Supreme Court on Monday left in place a...
article Tied U.S. Supreme Court decision means Washington must remove barriers to salmon migration
(Washington D.C.) -- A 17-year year legal battle over salmon recovery efforts in Washington has ended with the U.S. Supreme Court leaving in place a lower court order...
article Treaty tribes score unusual victory in closely-watched Supreme Court case
(Washington D.C.) -- A closely-watched treaty rights case has resulted in victory for 21 tribes in Washington state but the nation's highest court was so divided...
article ‘This Ruling Gives Us Hope’: Supreme Court Sides With Tribe in Salmon Case
(Washington D.C.) -- There was a time when the murky waters of the Skagit River offered bountiful salmon harvests to the Swinomish Indians of Washington State. They...

6/7/2018

article Supreme Court of Canada won't hear case of Yukon man alleging jury selection 'racially flawed'
(North Canada) -- The Supreme Court of Canada announced today it won't hear a case involving a Yukon man's allegation the jury that convicted him was not representative...
article BLOG: Supreme Court Grants Certiorari To Hear South Dakota v. Wayfair: The Potential Implications for Financial Institutions
(South Dakota) -- This past January the Supreme Court of the United States granted certiorari to hear South Dakota v. Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc...

6/6/2018

article BLOG: Makah Indian Tribe v. Quileute Indian Tribe
(Washington) -- Whether the U.S. Court of Appeals for the 9th Circuit, in conflict with the decisions of the Supreme Court and other courts, properly held that the...

5/30/2018

article Graham Lee Brewer: Death penalty case poses test for tribal sovereignty
(Oklahoma) -- Last week, the U.S. Supreme Court agreed to take a death penalty case that could significantly change the legal definition of Indian Country in Oklahoma.

5/29/2018

article Justice official: Supreme Court should hear treaty case
(Montana) -- The U.S. Supreme Court should review a case in which a Crow tribal member and conservation officer from Montana is asserting his treaty right to hunt elk in...

5/25/2018

article BREWER: In Oklahoma, a death penalty case to test tribal sovereignty
(Washington D.C.) -- This week, the U.S. Supreme Court agreed to take a death penalty case that could significantly change the legal definition of Indian Country in...
article SCOTUS Relists Bearcomesout v. United States
(Washington D.C.) -- Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion...

5/24/2018

article Supreme Court Case Could Remake Notion of Tribal Sovereignty
(Washington D.C.) -- Oklahoma state attorneys warned of an ominous legal decision that could upend the jurisprudence around Native sovereignty in the United States....
article Why a tribal treaty rights case in Washington will likely end up in front of the U.S. Supreme Court
(Washington D.C.) -- Washington state stands to lose hundreds of millions of dollars in fuel tax revenue and possibly more if a state Supreme Court decision involving...

5/22/2018

article Oklahoma Indian Territory question to be heard by Supreme Court, stemming from murder appeal
(Oklahoma) -- A case set to be heard by the U.S. Supreme Court could have implications for nearly half the state if a lower court's ruling overturning an American...
article SCOTUS Agrees to Review Murder Appeal That Could Upend State and Tribal Jurisdiction in Oklahoma
(Oklahoma) -- The U.S. Supreme Court on Monday agreed to hear a case about Native American territory and a 1999 murder that could broadly affect tribal sovereignty and...
article Feds, Wyo. Urge Justices To Spurn Tribes' Land Suits [sub req]
(Washington D.C.) -- The federal government and the state of Wyoming have urged the U.S. Supreme Court to reject challenges to a Tenth Circuit ruling that the Eastern...

5/21/2018

article SCOTUS agrees to review murder appeal that could upend state and tribal jurisdiction in Oklahoma
(Washington D.C.) -- The U.S. Supreme Court on Monday agreed to hear a case about Native American territory and a 1999 murder that could broadly affect tribal...
article Justices Take Up Murder Case Involving Tribal Land
(Washington D.C.) -- The Supreme Court agreed Monday to decide whether Oklahoma lacked jurisdiction to try a tribe member for murder based on 1866 territorial boundaries...
article Justices to Review Oklahoma's Indian Territory Murder Appeal
(Washington D.C.) -- The Supreme Court will hear Oklahoma's plea to reinstate the murder conviction and death sentence of an American Indian. The justices on Monday...
article Oklahoma, Business Groups Get Supreme Court Review in Murder Case
(Washington D.C.) -- The U.S. Supreme Court agreed to hear an unusual death penalty case that could have outsize implications for businesses operating in Oklahoma. The...
article SCOTUS considers whether to hear two Oklahoma tribal cases
(Washington D.C.) -- Two Oklahoma tribal cases are awaiting action by the U.S. Supreme Court: an Osage wind farm dispute and a Creek murder case that could determine...
article U.S. Supreme Court to hear Oklahoma case on criminal jurisdiction involving tribal members
(Washington D.C.) -- The U.S. Supreme Court on Monday agreed to hear an appeal by the state of Oklahoma regarding where the state has jurisdiction in criminal cases...

5/20/2018

article Supreme Court rulings could determine nearly half of state is tribal land [sub req]
(Oklahoma) -- Two Oklahoma tribal cases are awaiting action by the U.S. Supreme Court: an Osage wind farm dispute and a Creek murder case that could determine that half...

5/18/2018

article Supreme Court is asked to review gas-tax exemption on Yakama reservation
(Washington) -- The U.S. Solicitor General has recommended the nation’s highest court consider whether Yakama tribal members are exempt from state gas taxes on the...
article U.S. Supreme Court asked to review Yakama gas tax exemption
(Washington) -- The U.S. Solicitor General has recommended the U.S. Supreme Court consider whether Yakama tribal members are exempt from paying state gas taxes on the...

5/17/2018

article Supreme Court Clerk Hiring Watch: Two Firsts At One First Street
(Washington D.C.) -- In case you missed it, last month Justice Neil M. Gorusch made a history-making clerk hire. Tobi Young, who will clerk for Justice Gorsuch in...

5/16/2018

article U.S. Supreme Court will review Yakama gas tax exemption
(Washington D.C.) -- The nation’s highest court has agreed to review a state Supreme Court ruing that the Yakamas are exempt from state gas taxes on the...

5/2/2018

article Gavel to Gavel: Tribal sovereign immunity and real property lawsuits
(Washington) -- What began as a garden-variety boundary dispute between adjacent landowners in rural Washington state may have far-reaching effects for Native American...

4/26/2018

article The most important Washington lawsuit you have never heard of
(Washington) -- Former Washington state Attorney General Rob McKenna says it’s the most important case Washingtonians have never heard about, yet its results could...
article Oklahoma states Murphy case could split state into two territories
(Oklahoma) -- In U.S. Supreme Court documents filed April 23 in the Royal v. Murphy case, attorneys for the State of Oklahoma argue that allowing the appellate court...

4/21/2018

article Handicapping Supreme Court’s decision on sports betting case
(Washington D.C.) -- Trailing the Tampa Bay Lightning 3-1 in the first round of the Stanley Cup playoffs, the New Jersey Devils are 15-1 underdogs to win the series. By...

4/20/2018

article Court tests Native American treaties in 21st century
(Washington D.C.) -- On Wednesday, the United States Supreme Court heard oral arguments in Washington v. United States, which pits the state of Washington against the...

4/19/2018

article 'We're not going anywhere': Tribes continue salmon fight at Supreme Court
(Washington) -- The Supreme Court seems unlikely to allow Washington state to get out from under a court order to restore salmon habitat by removing barriers that block...
article Argument analysis: Court debates standard for violating tribal fishing rights
(Washington D.C.) -- In yesterday’s oral argument in Washington v. United States, the Supreme Court debated the scope of tribal fishing rights under 19th century...
article Supreme Court Tackles Tribal Salmon Rights in Culverts Case
(Washington) -- The Supreme Court struggled on Wednesday to decipher exactly how much fish a group of Native American tribes in the Pacific northwest are entitled to...
article Tribes take Washington to Supreme Court over salmon-blocking culverts
(Washington) -- Kim Malcolm talks with University of Washington law professor Robert Anderson about a U.S. Supreme Court case involving Native American fishing rights in...
article Ole Miss law grad first Native American to clerk on U.S. Supreme Court
(Mississippi) -- U.S. Supreme Court Justice Neil Gorsuch made history Friday in announcing the appointment of a woman believed to be the first Native American to clerk...

4/18/2018

article Supreme Court showdown: Washington’s attorney general vs. tribes over salmon habitat
(Washington) -- A 20-year battle over salmon-blocking road culverts lands in the U.S. Supreme Court Wednesday, in a historic showdown pitting the Washington state...
article Tribal Rights, Salmon Habitat Tested in Supreme Court Case
(Washington) -- The U.S. Supreme Court hears a case today with major implications for the rights of tribes and salmon in Washington state. At the center of Washington v...
article US treaty with Native Americans put to test in Supreme Court salmon case
(Washington) -- A nearly two-decades-long legal battle over road culverts which impede salmon migration reaches the Supreme Court on Wednesday, in a case which tests...

4/16/2018

article First Native American Tapped as SCOTUS Law Clerk
(Washington D.C.) -- Supreme Court Justice Neil Gorsuch has made history by appointing the first Native American ever to serve as a law clerk in the high court.

4/15/2018

article Justice Gorsuch Made Supreme Court History with Brand New Hire for 2018 Term
(Washington D.C.) -- In an apparent first at the U.S. Supreme Court, Justice Neil Gorsuch has hired a Native American clerk for the 2018 term. The clerk, Tobi Merritt...

4/13/2018

article Supreme Court case tests weight of old Native American treaties in 21st century
(Washington D.C.) -- On April 18, the United States Supreme Court will hear oral arguments in Washington v. United States, which pits the state of Washington against the...
article The Larger Implications of a Supreme Court Case About Indigenous Fishing Rights
(Washington D.C.) -- On April 18th, the United States Supreme Court will hear oral arguments in Washington v. United States, which pits the state of Washington against...

4/11/2018

article Argument preview: Justices to consider the scope of tribal fishing rights
(Washington D.C.) -- Treaties between the United States and northwest Indian tribes regarding salmon fishing have spawned litigation for over a century. In next...

4/10/2018

article Murphy’s attorneys allege Oklahoma incorrectly assumed authority over reservation
(Washington D.C.) -- In U.S. Supreme Court documents filed April 9, attorneys for Muscogee (Creek) citizen Patrick Murphy claim the State of Oklahoma has improperly...

4/9/2018

article Supreme Court to tackle salmon case without Justice Kennedy
(Washington D.C.) -- When the full Supreme Court resumes arguments in mid-April, the Court will be short by one Justice when it considers a long-running dispute about...

4/8/2018

article Supreme Court justices are speaking up more because they’re not afraid to be partisan
(Washington D.C.) -- Justice Clarence Thomas is seldom discussed without mention of his unusual silence. Appointed in 1991, he has spoken fewer than three words, on...

3/29/2018

article A Fight Over Salmon-Killing Roads Is Now A Supreme Court Case About Native Rights
(Washington) -- Brian Cladoosby and his fellow fishermen stood on the dock of a channel that empties into Puget Sound. They talked about getting their boats ready in...

3/26/2018

article Kennedy to sit out Wash. tribal fishing rights case
(Washington) -- Justice Anthony Kennedy will not participate in a case that asks the Supreme Court to decide whether Washington state's management of drainage...

3/25/2018

article Tribes & NCAI File With US Supreme Court To Preserve Taxation Sovereignty
(Washington D.C.) -- Tribal reservations, as sovereign governments, have the authority to collect taxes. Eight tribes within South Dakota's boundaries, along with...

3/24/2018

article Profs Back Tribes' Cert Bid In Fight Over Diminished Land [sub req]
(Washington D.C.) -- A group of law professors urged the U.S. Supreme Court on Thursday to grant two tribes’ petitions seeking to overturn a Tenth Circuit decision...

3/23/2018

article Tribe Likely To Dodge Danger In High Court Property Fight [sub req]
(Washington) -- The U.S. Supreme Court showed enthusiasm for a novel avenue of attack on the Upper Skagit Indian Tribe’s sovereign immunity in a pending land...

3/22/2018

article Supreme Court hears oral arguments for Indian tribe immunity case
(Washington D.C.) -- The Supreme Court heard oral arguments [transcript, PDF Wednesday in Upper Skagit Indian Tribe v. Lundgren [SCOTUSblog materials] on whether a court...

3/21/2018

article BLOG: Argument analysis: Justices dubious about tribal immunity but hesitant to embrace new theory
(Washington D.C.) -- It was a tale of two arguments yesterday in Upper Skagit Indian Tribe v. Lundgren. The first half of the argument featured most of the justices...
article High Court Grapples With Tribe’s Sovereign Immunity
(Washington D.C.) -- A Native American tribe that tried to fend off quiet-title claims with sovereign immunity struggled to make their case Wednesday at the U.S. Supreme...
article Supreme Court hears second Indian law case during a busy term
(Washington D.C.) -- The U.S. Supreme Court is hearing arguments in its second Indian law case of what has turned out to be an unusually busy term. The court has set...

3/20/2018

article DOJ requests Supreme Court to overturn Royal v. Murphy
(Washington D.C.) -- Three amicus briefs were filed March 9 with the U.S. Supreme Court for the Royal v. Murphy case, which could define what is Indian Country and what...
article Supreme Court rejects challenge to Arizona death penalty law
(Washington D.C.) -- The Supreme Court is rejecting a challenge to Arizona's death penalty law. The justices on Monday let stand the convictions and death sentences...

3/13/2018

article Justice Dept. Warns SCOTUS of 'Massive' Fallout From Native American Case [sub req]
(Washington D.C.) -- The U.S. Department of Justice and Oklahoma business, oil and gas interests are worried that a Native American death penalty case at the U.S....

3/6/2018

article Idaho, 10 other states back Washington in culvert appeal
(Washington D.C.) -- Eleven states from around the U.S. argue that if Washington loses its case in the U.S. Supreme Court over culverts, land-use rules across the...

3/5/2018

article States Back Wash. In High Court Tribal Salmon Culvert Row
(Washington D.C.) -- A group of 11 states led by Idaho’s attorney general urged the U.S. Supreme Court on Friday to overturn a Ninth Circuit ruling requiring the...

3/2/2018

article U.S. Supreme Court sets date to hear Washington appeal on treaty rights
(Washington D.C.) -- The U.S. Supreme Court will hear oral arguments April 18 on whether six treaties signed in 1854 and 1855 guaranteed 21 Western Washington tribes...

2/26/2018

article Supreme Court to Decide Three Tribal Rights Cases This Term
(Washington D.C.) -- Supreme Court observers are keeping a close eye on the court this session as it prepares to hear major cases on labor law, political speech, and the...
article Tribes see continued challenges as more cases head to highest court
(Washington D.C.) -- An unusually large number of Indian law petitions have been presented to the nation's highest court as tribes face continued challenges to their...

2/20/2018

article Utah Cops Can't Nix Tribal Trespassing Claim At High Court [sub req]
(Washington D.C.) -- The U.S. Supreme Court on Tuesday rejected a challenge from current and former Utah law enforcement officials seeking to overturn a Tenth Circuit...

2/12/2018

article LEGAL BLOG: Indian Nations Law Update – February 2018
(Washington D.C.) -- On Jan. 12, 2018, the U.S. Supreme Court agreed to review the 9th Circuit’s decision in United States v. Washington, 2017 WL 21933387 (9th Cir...
article The Supreme Court Is Center Stage in Lawyer-Playwright's Tribal-Rights Drama
(Washington D.C.) -- "We have to educate Americans about who we are. Let's face it, no one else is. Theater is a very powerful way to do that," says Mary Kathryn Nagle,...

2/8/2018

article Wyoming tribes have month to petition Supreme Court
(Wyoming) -- Wyoming's two tribes have until March 7 to file a petition for the U.S. Supreme Court to review the Riverton boundary case. Supreme Court justice Sonia...

1/23/2018

article Supreme Court passes on climate change case that drew tribal interest
(Alaska) -- The U.S. Supreme Court won't be hearing a climate change dispute that drew intense interest among Alaska Natives. Without comment, the justices on Monday...
article U.S. Supreme Court rejects appeal of protections for Alaska’s bearded seals
(Alaska) -- Alaska's largest ice seal will keep federal protections despite concerns they're based on climate change forecasts a century in the future. The U.S. Supreme...
article U.S. Supreme Court will rule on WA fish culvert/tribal fishing case
(Washington D.C.) -- The U.S. Supreme Court has decided to weigh in on a case that has been brewing since 2001 with Northwest Indian tribes challenging the state of...

1/15/2018

article Treaty tribes stunned as Supreme Court agrees to hear salmon passage case
(Washington D.C.) -- The U.S. Supreme Court has delivered a new year surprise to Indian Country. In a move with significant ramifications, the justices on Friday agreed...
article First Nation’s bid for a role in law-making goes before Supreme Court
(Ontario) -- The Supreme Court of Canada heard an appeal Monday that will determine whether Canadian governments are obliged to consult Indigenous communities on laws...
article Mikisew First Nation takes fight against omnibus changes to Supreme Court
(Ontario) -- The Supreme Court of Canada will hear an appeal today by the Mikisew Cree First Nation that said the federal government does not need to consult with First...
article Supreme Court case could lead to First Nations role in law-making
(Ottawa) -- First Nation in northern Alberta seeks review of changes made under the previous Harper government to the Fisheries Act, the Species at Risk Act, the...

1/14/2018

article Keepseagle payments delayed as opponents take case to Supreme Court
(Washington D.C.) -- Indian farmers and ranchers are on pins and needles as they wait for another round of payments from the historic yet mangled Keepseagle lawsuit.

1/13/2018

article Connelly: Supreme Court will decide case of tribes, salmon and culverts
(Washington D.C.) -- The U.S. Supreme Court has agreed to hear Washington's appeal of a lower court decision that could put the state on the hook for replacing more...
article U.S. Supreme Court to hear Washington culvert case
(Washington D.C.) -- The U.S. Supreme Court agreed Friday to hear Washington’s appeal of a federal court order to replace hundreds of fish-blocking culverts and...

1/12/2018

article U.S. Supreme Court steps into Washington’s long-running culvert case
(Washington D.C.) -- The U.S. Supreme Court has stepped into Washington’s culvert case, accepting it for review and heating up a 17-year legal battle over the...
article High Court To Review Tribal Fishing Rights Ruling [sub req]
(Washington D.C.) -- The U.S. Supreme Court agreed Friday to take up the state of Washington’s challenge to a Ninth Circuit decision ordering the state to replace...

1/8/2018

article Supreme Court Declines to Review School District's Legal Fight With Indian Tribe
(Washington D.C.) -- The U.S. Supreme Court on Monday declined to hear the appeal of an Arizona school district which fears that it may face exposure in American Indian...

12/18/2017

article Utah Police Ask Justices To Hear Tribal Trespassing Case
(Washington D.C.) -- Current and former Utah law enforcement officials have urged the U.S. Supreme Court to hear their appeal of a Tenth Circuit decision allowing a...

12/13/2017

article Supreme Court shakes up docket by accepting sovereignty case at request of tribe
(Washington D.C.) -- The U.S. Supreme Court has been relatively uneventful so far for Indian Country but a little shakeup is on the way. On Friday afternoon, the...
article What Trump’s Supreme Court pick holds for Indian Country
(Washington D.C.) -- During the Senate hearings that put Neil Gorsuch on the Supreme Court this year, Democrats made it clear they were leery of his conservative...

12/11/2017

article What Trump’s Supreme Court pick holds for Indian Country
(USA) -- During the Senate hearings that put Neil Gorsuch on the Supreme Court this year, Democrats made it clear they were leery of his conservative judicial record....
article SCOTUS adds Maryland redistricting, tribal immunity, five other cases to docket [2nd item]
(Washington D.C.) -- In Upper Skagit Indian Tribe v. Lundgren [docket], the Supreme Court is asked to decide [SCOTUSblog materials] whether a court may exercise...
article Supreme Court shakes up docket by accepting sovereignty case at request of tribe
(Washington D.C.) -- The U.S. Supreme Court has been relatively uneventful so far for Indian Country but a little shakeup is on the way. On Friday afternoon, the...
article Supreme Court Rejects Tribes’ Bid To Evade CFPB Probe [sub req'd]
(Washington D.C.) -- The U.S. Supreme Court on Monday declined to hear an appeal filed by two tribal lenders seeking to overturn a Ninth Circuit decision mandating that...

12/9/2017

article SCOTUS BLOG: Court adds seven new cases to merits docket
(Washington D.C.) -- The Supreme Court issued a preliminary set of orders from its conference today, adding seven new cases to its merits docket for the term. The new...

12/7/2017

article Supreme Court Could Hand Down Game-Changing Ruling for Sports Betting
(New York) -- While most of the media attention this week has focused on the constitutionality of baking cakes, the U.S. Supreme Court on December 4th heard arguments in...

12/4/2017

article Will Online Gambling Really ‘Follow Right Behind’ Legal Sports Betting?
(USA) -- The US Supreme Court will ponder a case on Monday that will have huge ramifications for sports betting in the US. That same case — Christie vs. NCAA...

12/1/2017

article Supreme Court allows land-into-trust chaos
(New York) -- On Nov. 27, 2017, an event of immense significance occurred that went completely unnoticed by the local media. The last two lawsuits challenging the...
article What you need to know about the SCOTUS New Jersey gambling case
(New Jersey) -- Most estimates are in the hundreds of billions of dollars, but no one knows for sure how much money Americans bet on sports every year. Whatever the...
article Supreme Court’s Sports Betting Case Could Redefine Relationship Between Feds And States
(New York) -- While everyone’s focused on the Colorado baker who chose not to make a cake for a same-sex wedding, whose case the Supreme Court hears Tuesday, an...

11/30/2017

article Supreme Court won’t hear UCE, Vernon appeal
(New York) -- The U.S. Supreme Court won’t hear requests from the town of Vernon and Upstate Citizens for Equality Inc. to review a lower court ruling upholding the...

11/19/2017

article Oklahoma tribal murder case is ripe for the Supreme Court, top federal judge says
(Oklahoma) -- The most powerful judge across six states believes an Oklahoma murder case is ripe for consideration by the U.S. Supreme Court.

10/22/2017

article Does Chief Justice Roberts fear gobbledygook? Or is that just baloney?
(Washington D.C.) -- Chief Justice John G. Roberts Jr. has made it his mission to try to convince the American public that the Supreme Court is something unlike other...

10/10/2017

article Supreme Court puts end to case challenging Colorado River Indian Tribes lease
(Washington D.C.) -- It looks like a long-running lease dispute between the Colorado River Indian Tribes and a non-Indian tenant is finally over. Without comment, the U....

9/27/2017

article Gorsuch’s speeches raise questions of independence, critics say
(Washington D.C.) -- No member of Congress was more essential to Neil M. Gorsuch’s ascent to the Supreme Court than Senate Majority Leader Mitch McConnell, who...

8/21/2017

article OP/ED: Neil Gorsuch doesn’t seem to care much about impartiality after all
(Washington D.C.) -- At his Supreme Court confirmation hearings in March, then-Judge Neil M. Gorsuch spoke to Sen. Richard Blumenthal (D-Conn.) with grave sincerity,...

7/31/2017

article On Justice Ginsburg’s Summer Docket: Blunt Talk on Big Cases
(Washington D.C.) -- Justice Ruth Bader Ginsburg is the most outspoken member of the Supreme Court, sometimes to her regret. Last year, she issued a statement saying...

7/15/2017

article NCAI's Top Atty Preaches Caution To Tribes In High Court [sub req.]
(New York) -- The general counsel for the National Congress of American Indians will keep urging tribes to be careful about risking going before the U.S. Supreme Court...

7/10/2017

article ROSE: Will the Supreme Court Give Gambling Back to the States?
(Washington D.C.) -- Should betting on sports, or any other form of gambling, be legal? The first question is: Who decides? Until a few decades ago, no one would have...

7/3/2017

article ANALYSIS: Republicans just quietly got some very good Supreme Court news
(Washington D.C.) -- In a story that was ostensibly about new Supreme Court Justice Neil M. Gorsuch's voting record, NPR legal affairs reporter Nina Totenberg...

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