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Crow man’s tribal treaty hunting rights argument debuts in U.S. Supreme Court

It was a monumental day in Washington, D.C. for a Montana man as the U.S. Supreme Court heard oral arguments on tribal treaty law.

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Supreme Court

6/26/2019

article What to watch for as Supreme Court term ends
(Washington D.C.) -- In its final couple of days of the term, the Supreme Court will consider two of the most politically charged cases of the term and issue opinions...

6/25/2019

article OP/ED: Washington owes Supreme Court Justice Neil Gorsuch an apology
(Washington D.C.) -- “In our constitutional order, a vague law is no law at all.” Those are the words that opened one of the most important decisions of this...

6/24/2019

article High Court to Rule on Census, Gerrymandering in Final Week
(Washington D.C.) -- Nearing the end of its term, the Supreme Court has yet to issue opinions in some of its highest-profile cases, including on the 2020 census,...
article Supreme Court faces 12 decisions this week, including census citizenship question and partisan gerrymandering
(Washington D.C.) -- The Supreme Court has some big decisions to make in the next few days that could affect American democracy for the next decade and beyond. A dozen...

6/22/2019

article Supreme Court’s liberals and conservatives clash again over retaining precedent
(Washington D.C.) -- The Supreme Court’s liberal and conservative members clashed again Friday on respecting the court’s precedents, this time about when a...

6/18/2019

article Supreme Court affirms sovereignty doctrine as wait continues in tribal case
(Washington D.C.) -- It only took 194 days for the U.S. Supreme Court to issue a sovereignty decision with implications for criminal cases in Indian Country.

6/16/2019

article Chief justice assures the Supreme Court is apolitical, but term’s biggest cases present partisan challenges
(Washington D.C.) -- Chief Justice John G. Roberts Jr. began the Supreme Court’s term last fall seeking to assure the American public that his court does not...

6/12/2019

article Chief Justice John Roberts is about to show his cards
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article Supreme Court passes on more Indian law petitions as decision looms in big case
(Washington D.C.) -- After a blockbuster season in which tribal treaties have been front and center, it looks like the U.S. Supreme Court is taking a little break from...

6/7/2019

article Justice Ginsburg says deep divisions on the way, and Supreme Court watchers look for clues
(Washington D.C.) -- When Supreme Court Justice Ruth Bader Ginsburg turns reporter, reporters and lawyers start searching for clues. In a purportedly just-the-facts...

6/4/2019

article Indian Country endures another long wait for Supreme Court decision
(Washington D.C.) -- Anticipation is building as Indian Country waits for the decision in one of the most consequential U.S. Supreme Court cases in recent history. Oral...

6/2/2019

article ICYMI: U.S. Supreme Court rejects Comanche casino case
(Washington D.C.) -- The U.S. Supreme Court declined on Tuesday to review a case in which the Comanche Nation sought to block the Chickasaw Nation from building a casino...
article OP/ED: The US Supreme Court Is Right To Rule In Favor Of Tribal Sovereignty
(Washington D.C.) -- Last week, the Supreme Court ruled the legal rights of members of the Crow tribe are not void simply because a US state tries to legislate them away...

5/30/2019

article COLUMN: When Conservative SCOTUS Justices Are Liberal and Vice Versa
(Washington D.C.) -- On Monday, May 20, the Supreme Court decided in favor of an American Indian man, Clayvin Herrera, in Herrera v. Wyoming. Essentially, Herrera was...

5/28/2019

article Tribal Treaty Rights Are Supreme Again
(Washington D.C.) -- On Monday, May 20 — for the second time during the 2018-2019 term — Justice Neil M. Gorsuch joined the four U.S. Supreme Court...
article U.S. Supreme Court got it right in Crow Tribe hunting case
(Wyoming) -- American history is rife with examples of states and the federal government failing to honor treaties with Native American tribes. The courts have often...

5/25/2019

article U.S. Supreme Court sides with Crow tribal member in hunting dispute
(Washington D.C.) -- The Supreme Court on Monday sided with a member of the Crow tribe who was fined for hunting elk in Wyoming's Bighorn National Forest, giving him...

5/24/2019

article Hunting, Conservation, Statehood, and Tribal Rights Addressed In Latest Supreme Court Decision
(Washington D.C.) -- Are members of Native American Tribes permitted to hunt off of a reservation? What considerations must states make? At the start of this week, the...
article Supreme Court winds down surprising term with two wins for tribal treaties
(Washington D.C.) -- During his two years on the nation's highest court, Justice Neil Gorsuch has emerged as a reliable ally for tribal interests despite being...
article Montana view: A Supreme victory for treaty rights
(Montana) -- The United States is obligated to fulfill its 1868 treaty that promised the Crow Tribe the right to hunt on land that is now the Bighorn National Forest in...
article On treaties and reparations
(Wyoming) -- This week, all conversational roads seemed to lead to Monday’s U.S. Supreme Court opinion on Herrera v. Wyoming. The case was against Clayvin Herrera...
article OP/ED: Court ruling could hurt hunt policies
(Wyoming) -- At the least, there is unease. Just what are those Supremes going to do next? A U.S. Supreme Court ruling last week could play havoc with Wyoming Game and...

5/23/2019

article In Tribes vs. States, Supreme Court Shifts Support to Native Americans
(Washington D.C.) -- The U.S. Supreme Court handed the Crow Tribe a major victory this week in a long-running hunting rights dispute between the tribe and the state of...

5/22/2019

article Kavanaugh and Gorsuch defy Dem predictions with independent streak
(Washington D.C.) -- Democrats’ warnings that Supreme Court Justices Neil Gorsuch and Brett Kavanaugh would solidify an unwavering conservative majority on the...

5/21/2019

article Gorsuch sides with liberals as Supreme Court rules in favor of Native American rights in Wyoming hunting case
(Washington D.C.) -- The US Supreme Court on Monday sided with a Wyoming Native American tribe, ruling that a 19th-century treaty between the tribe and the state did not...

5/20/2019

article Gorsuch Joins Sotomayor’s Majority Opinion in Native American Hunting Case
(Washington D.C.) -- The Supreme Court on Monday decided to uphold the hunting rights of the Wyoming-based Crow tribe, ruling that a Crow man charged with illegal off-...
article Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right
(Washington D.C.) -- In Herrera v. Wyoming, the Supreme Court today overruled the Wyoming courts and held that the Apsáalooke Nation, also known as the Crow Tribe,...
article Supreme Court backs off-reservation treaty rights of Crow Tribe
(Washington D.C.) -- The nation's highest court delivered a significant victory for Indian Country on Monday, ruling that citizens of the Crow Tribe can continue to...
article Supreme Court Rules In Favor Of Native American Rights In Wyoming Hunting Case
(Washington D.C.) -- The U.S. Supreme Court ruled in favor of Native American rights in a 5-4 decision in a case out of Wyoming. Justice Neil Gorsuch, the only Westerner...
article Supreme Court sides with Native American hunter as Gorsuch joins liberals
(Washington D.C.) -- The Supreme Court on Monday sided with a Wyoming hunter charged with off-season hunting, ruling 5-4 that a 150-year-old treaty between a Native...
article Treaty rights win in Supreme Court
(Washington D.C.) -- There was a major win for treaty rights in the U.S. Supreme Court on Monday, as the court ruled in favor of the Crow tribe hunting case, Herrera v....
article U.S. Supreme Court sides with Native American elk hunter
(Washington D.C.) -- The Supreme Court on Monday ruled in favor of a Native American elk hunter, citing an 1868 treaty between his tribe and the U.S. government as it...
article Eleven Supreme Court cases with imminent decisions
(Washington D.C.) -- It's decision time at the Supreme Court. After months of hearing oral arguments in dozens of cases, the justices convene Monday -- and for the...

5/14/2019

article OP/ED: The Supreme Court applied originalism to an Indian treaty, why not to the Constitution as well?
(Colorado) -- Whenever a president nominates to the Supreme Court someone who pledges to apply the Constitution as written, liberal commentators emerge to explain why...

5/13/2019

article Supreme Court’s conservatives overturn precedent as liberals ask ‘which cases the court will overrule next’
(Washington D.C.) -- The Supreme Court’s conservative majority overturned a 41-year-old precedent Monday, prompting a pointed warning from liberal justices about...

5/4/2019

article Justice Clarence Thomas’ moment may finally have arrived
(Washington D.C.) -- Clarence Thomas has been a Supreme Court justice for nearly three decades. It may finally be his moment. Many Americans know Thomas largely from his...

4/28/2019

article Trump views the Supreme Court as an ally, sowing doubt about its independence among his critics
(Washington D.C.) -- The morning after the Supreme Court reviewed his administration’s most important case of the term, President Trump informed the justices he...

4/23/2019

article MILBANK: Now playing at the Supreme Court: How to preserve white power in four easy steps
(Washington D.C.) -- The Trump administration and Republican-appointed Supreme Court justices Tuesday held a legal seminar on how to preserve white hegemony in four easy...

4/22/2019

article Justices Pass On Slip-And-Fall Suit Against Navajo Casino (sub req)
(Arizona) -- The U.S. Supreme Court on Monday declined to take up a challenge to a Tenth Circuit ruling that determined a personal injury suit against a Navajo Nation-...

4/18/2019

article New rules mean tighter deadlines, fewer words
(Washington D.C.) -- The Supreme Court issued revisions to its rules today. The changes largely mirror the amendments proposed late last year, with one notable exception...

4/15/2019

article Indian Country awaits outcome of final cases on Supreme Court docket
(Washington D.C.) -- The U.S. Supreme Court has yet to add another Indian law case to its workload but tribes and their advocates are still paying close attention to the...

4/7/2019

article Conservatives' takeover of Supreme Court stalled by John Roberts-Brett Kavanaugh bromance
(Washington D.C.) -- The conservative takeover of the Supreme Court that was anticipated following President Donald Trump's two selections has been stalled by a...

3/28/2019

article US Supreme Court Rules Yakama Nation Doesn’t Have to Pay Tax on Transported Fuel
(Washington D.C.) -- Last week on March 19th, in a 5-4 decision, the US Supreme Court gave an effective tax break on fuel to federally-recognized Indian tribes in...

3/26/2019

article What the Supreme Court's Cougar Den Decision Means
(Washington D.C.) -- In Washington State Department of Licensing v. Cougar Den, Inc., 2019 WL 1245535 (U.S. 2019), Article III of the treaty of 1855 between the United...
article Supreme Court backs Alaska moose hunter over park service but steers clear of Katie John
(Washington D.C.) -- An Alaska moose hunter whose case against the federal government made a rare second trip to the U.S. Supreme Court prevailed on Tuesday. The ruling...

3/25/2019

article SCOTUS Rules that Yakama Treaty Preempts Washington Tax
(Washington D.C.) -- On March 19, 2019, the United States Supreme Court issued its decision in Washington State Department of Licensing v. Cougar Den, Inc., holding that...

3/23/2019

article ICYMI: Neil Gorsuch joins liberals giving Yakama Nation a Supreme Court victory over state of Washington
(Washington D.C.) -- The Supreme Court sided with the Yakama Nation over Washington state Tuesday, ruling that the 1855 treaty between the confederated tribe and the U.S...

3/22/2019

article SCOTUS Rules that Yakama Treaty Preempts Washington Tax
(Washington) -- On March 19, 2019, the United States Supreme Court issued its decision in Washington State Department of Licensing v. Cougar Den, Inc., holding that the...

3/20/2019

article CLARKSON: Indian Country should thank Donald Trump for Justice Gorsuch
(Washington D.C.) -- On Tuesday, the U.S. Supreme Court handed down a huge 5-4 victory for tribal treaty rights in Washington State Department of Licensing v. Cougar Den...
article Gorsuch Provides Decisive 5th Vote In Case Interpreting Treaty With Indian Tribe
(Washington D.C.) -- Every year, the Supreme Court hears dozens of cases, and while there will usually be a few blockbuster opinions, the majority garner little media...
article Gorsuch Sides With Liberal Justices to Spoil Washington's Attempt to Rewrite Tribal Law
(Washington D.C.) -- Neil Gorsuch sided with the more liberal side of the bench on Tuesday to hand the Yakama Tribe a victory in the first Indian law decision from the...
article Supreme Court rules Yakama Nation does not have to pay state fuel tax
(Washington D.C.) -- The US Supreme Court ruled in a split decision Tuesday that a provision in the 1855 Treaty between the Yakama Nation of Indians and the US preempts...
article Supreme Court Sides with Yamaka Tribe on Gas Tax
(Washington D.C.) -- The Supreme Court ruled that a 1855 Yakama treaty protects tribal members from state fuel taxes. The U.S. Supreme Court ruled in favor of gas...
article Supreme Court upholds law denying bail to some undocumented immigrants
(Washington D.C.) -- The Supreme Court ruled Tuesday that some undocumented immigrants can be held without bail, possibly years after they have committed a deportable...

3/19/2019

article Trump’s 2 Supreme Court picks on opposite sides in 2 cases
(Washington D.C.) -- President Donald Trump's two Supreme Court appointees were on opposite sides of two of three cases that the justices decided Tuesday. The two...

3/10/2019

article Law professors: Muscogee (Creek) Nation’s reservation still stands
(Kansas) -- There was some laughter during the Murphy review by law professors Bethany Berger and Colette Routel. Berger teaches at the University of Connecticut School...

3/5/2019

article OP/ED: Two recent opinions by Justice Clarence Thomas should alarm us all
(Washington D.C.) -- Twice in the last two weeks, Justice Clarence Thomas has written alarming opinions that call into question fundamental constitutional protections....

2/25/2019

article Supreme Court's fuel tax ruling will be a big deal for WA tribes
(Washington D.C.) -- The town of White Swan sits in the heart of the Yakama Nation in central Washington. Forty miles to the west, Mount Adams — or Pahto in the...

2/19/2019

article Supreme Court takes on a case of treaty rights vs. state taxation
(Washington D.C.) -- The town of White Swan sits in the heart of the Yakama Nation in central Washington. Forty miles to the west, Mount Adams — or Pahto in the...

2/18/2019

article Wyoming hunting case could have broad implications
(Washington D.C.) -- A U.S. Supreme Court case involving elk killed in the Bighorn National Forest by a member of the Crow Tribe has implications far beyond the...

2/15/2019

article Herrera v. Wyoming: Tribal hunting rights case could have broad implications
(Wyoming) -- A U.S. Supreme Court case involving elk killed in the Bighorn National Forest by a member of the Crow Tribe has implications far beyond the boundaries of...

1/29/2019

article Supreme Court Upholds Osage Nation in Wind Farm Dispute
(Washington D.C.) -- The U.S. Supreme Court declined, without comment, to consider an appeal from Osage Wind LLC of an appeals court decision granting the Osage Nation...
article Supreme Court Asked To Burn Tobacco Co.'s $58M Tax Tab (sub req)
(Washington D.C.) -- A Native American tobacco company urged the U.S. Supreme Court to resolve a disagreement between lower appellate courts on how to interpret treaty...

1/18/2019

article Supreme Court decision means windfall for Yukon First Nations, grand chief says
(Yukon) -- The Grand Chief of Council of Yukon First Nations is hailing this week's ruling by the territory's Supreme Court as a huge win. Peter Johnston says...

1/13/2019

article Can Congress Void a Tribal Treaty Without Telling Anyone?
(Wyoming) -- Herrera v. Wyoming, an Indian treaty-rights case argued in the Supreme Court last Tuesday, revolves around a basic of federal Indian law: No promise to...

1/11/2019

article U.S. Supreme Court Rejects State of Utah’s Attempt to Overturn the Ute Tribe’s Victory in Tribal Exhaustion Case
(Washington D.C.) -- On January 7, 2019, the United States Supreme Court ordered that it would not review or overturn the Utah Supreme Court’s November 7, 2017...
press release United States Supreme Court Rejects State of Utah's Attempt To Overturn The Ute Tribe's Victory In Tribal Exhaustion Case
(Washington D.C.) -- On January 7, 2019, the United States Supreme Court ordered that it would not review or overturn the Utah Supreme Court’s November 7, 2017...

1/10/2019

article Supreme Court hears case involving hunting rights for Native American tribes
(Washington D.C.) -- Clayvin Herrera wound up with a fine of more than $8,000 for hunting elk in Wyoming’s Bighorn National Forest after he posted photos online of...

1/9/2019

article Crow man’s tribal treaty hunting rights argument debuts in U.S. Supreme Court
(Washington D.C.) -- It was a monumental day in Washington, D.C. for a Montana man as the U.S. Supreme Court heard oral arguments on tribal treaty law.
article Tribal Hunting Rights In Mountain West Take Center Stage At Supreme Court
(Washington D.C.) -- This week, the U.S. Supreme Court heard arguments in a case that could restore tribal hunting rights in Wyoming, which could affect tribes...

1/8/2019

article Hunting Rights Hang in Balance in High Court Tribal Treaty Case
(Washington D.C.) -- American Indian rights are up in the air once again after U.S. Supreme Court arguments Jan. 8, where the justices tried to figure out if tribal...
article Native American tribe member who killed elk to feed family asks Supreme Court to throw out poaching conviction
(Washington D.C.) -- Members of the Crow Tribe hunt elk to feed their families. The state of Wyoming says they can't kill the animals on federal forest land without...
article Supreme Court to hear Native American hunting rights case
(Washington D.C.) -- Members of the Crow Tribe hunt elk to feed their families. The state of Wyoming says they can’t kill the animals on federal forest land...
article This Supreme Court Case on Hunting Is Really About a 150-Year-Old Treaty and Wyoming's Existence as a State
(Washington D.C.) -- One day in the middle of winter, a single dad needed food for his three daughters. What happened next sparked a case that will be heard by the...
article Tribal Hunting Rights Land in Supreme Court
(Washington D.C.) -- An attorney for a Native American tribe took aim at century-old Supreme Court precedent Tuesday, telling the justices they should not allow it to...

1/7/2019

article Tribal Dispute Hits Supreme Court With Trump Support
(Washington D.C.) -- What started as a simple elk hunt on a Montana reservation has morphed into a U.S. Supreme Court case with potentially dramatic consequences for...
article U.S. Supreme Court to hear Crow tribal member’s case on tribal treaty rights
(Washington D.C.) -- A case with Montana ties will appear on the U.S. Supreme Court docket that could set a precedent for tribal hunting rights and the application of...

1/2/2019

article Argument preview: Tribes, treaties and animals return to the Supreme Court
(Washington D.C.) -- In January 2014, Clayvin Herrera, a member of the Apsáalooke Nation, also known as the Crow Tribe, went hunting on the nation’s reservation in...
article Will the Supreme Court Sanction the Robbery of Tribal Lands?
(Washington D.C.) -- On November 27th the Supreme Court heard oral arguments in Carpenter vs Murphy. It involves a case from 2000 in which Patrick Murphy was convicted...

12/30/2018

article State, Creek Nation disagree on land jurisdiction in Patrick Murphy case
(Washington D.C.) -- Lawyers on both sides of a reservation dispute at the U.S. Supreme Court largely agreed Friday that a Native American reservation must be considered...
article Attorneys respond to Supreme Court’s questions about Murphy case
(Washington D.C.) -- The parties arguing the Murphy v. Carpenter case provided opposing answers to two questions posed by the U.S. Supreme Court. On Dec. 5, the court...

12/28/2018

article Attorneys respond to Supreme Court’s questions about Murphy case
(Washington D.C.) -- The parties arguing the Murphy v. Carpenter case provided opposing answers to two questions posed by the U.S. Supreme Court. On Dec. 5, the court...
article Okla. Exaggerates Chaos if Justices Rule for Tribe Member: Brie
(Washington D.C.) -- Oklahoma’s prediction that a U.S. Supreme Court ruling for a death row inmate who’s also an American Indian would result in the release...

12/26/2018

article Could Half of Oklahoma End Up Under Native American Control?
(Oklahoma) -- In 1999, Patrick Dwayne Murphy, a member of the Muscogee (Creek) Nation (MCN), attacked another member of the tribe on the MCN reservation in Oklahoma....

12/19/2018

article This Supreme Court Murder Case Could Completely Change Tribal Sovereignty in Oklahoma
(Washington D.C.) -- Patrick Murphy didn’t say he was innocent. In the summer of 1999, when Murphy, a member of the Muscogee (Creek) Nation of eastern Oklahoma,...

12/15/2018

article NAGLE: Half the land in Oklahoma could be returned to Native Americans. It should be.
(Washington D.C.) -- On the morning of June 22, 1839, the Cherokee leader John Ridge was pulled from his bed, dragged into his front yard and stabbed 84 times while his...

12/10/2018

article Could Half of Oklahoma End Up Under Native American Jurisdiction?
(Washington D.C.) -- One night in August 1999, Patrick Dwayne Murphy, a member of the Muscogee (Creek) Nation (MCN), stabbed and mutilated a fellow tribe member on a...

12/4/2018

article Justices call for more briefing in dispute about Oklahoma prosecutions of Native Americans
(Washington D.C.) -- Now that the justices have had a few days to consider last week’s oral argument in Carpenter v Murphy, it appears that they are looking for...
article US Supreme Court Seeks More Details in Oklahoma Case
(Washington D.C.) -- The U.S. Supreme Court is asking new questions in a case that will decide whether an Oklahoma-based Indian tribe retains control over a vast swath...
article How One Chief Justice Used The Church To Dispossess Natives From Their Land
(Washington D.C.) -- One of the founding principles of the U.S. government is the separation of church and state. Yet there are many unseen ways in which the religion of...

12/3/2018

article Supreme Court schedules hearing in third Indian law case
(Washington D.C.) -- The U.S. Supreme Court will hear arguments in Herrera v. Wyoming, a treaty rights case, on January 8, 2019. The outcome will determine whether...

12/2/2018

article Creek reservation arguments make clear where some Supreme Court justices stand, but others are a mystery
(Washington D.C.) -- U.S. Supreme Court arguments last week in a Muscogee (Creek) Nation reservation case made clear where several justices stand, placed large question...

12/1/2018

article Frix: Murphy Case Has Implications for State and Tribes
(Washington D.C.) -- The U.S. Supreme Court on Nov. 27 heard arguments in the Carpenter v. Murphy Case. The court is being asked to decide whether Congress...
article Trump administration argues against tribal sovereignty in Supreme Court case
(Washington D.C.) -- The Trump administration's disjointed treatment of Indian Country was on full display in the nation's capital on Tuesday as Native American...

11/30/2018

article Supreme Court decision on Oklahoma reservation case to be issued in 2019
(Washington D.C.) -- A ruling on an Oklahoma case heard by the nation's highest court this week will be issued in 2019. This week, the U.S. Supreme Court heard oral...
article Tribal officials discuss ramifications of Murphy case
(Oklahoma) -- The U.S. Supreme Court on Tuesday heard a murder case appeal in which the defense attorney has found a jurisdictional question that might get his client...

11/29/2018

article BLOG: Argument analysis: Justices dubious about ramifications of broad Indian reservation in Oklahoma
(Washington D.C.) -- This morning brought the justices a capital case of a different kind. Carpenter v. Murphy doesn’t raise issues of actual innocence,...
article How One Murder Could Reshape Oklahoma
(Oklahoma) -- Carpenter v. Murphy isn’t one of the more high-profile Supreme Court cases in recent years, but it may lead to one of the most consequential...

11/28/2018

article NAGLE: Half the land in Oklahoma could be returned to Native Americans. It should be.
(Oklahoma) -- On the morning of June 22, 1839, the Cherokee leader John Ridge was pulled from his bed, dragged into his front yard and stabbed 84 times while his family...
article Supreme Court To Decide If Nearly Half Of Oklahoma Belongs To Native Americans
(Washington D.C.) -- On Tuesday, the Supreme Court heard oral argument in a case that on its face is a nothing more than a relatively straightforward murder trial, but...

11/27/2018

article AUDIO: Supreme Court Case Could Restore Tribal Sovereignty to Almost Half of Oklahoma
(Washington D.C.) -- On Tuesday, the Supreme Court will hear oral arguments in Carpenter v Murphy, a case that will rule on the historic territory of the Muscogee Creek...
article Is Half of Oklahoma an Indian Reservation? The Supreme Court Sifts the Merits
(Washington D.C.) -- The U.S. Supreme Court considered on Tuesday whether much of eastern Oklahoma is an Indian reservation, a question that could have enormous...
article Justices debate Indian control of land in Oklahoma
(Washington D.C.) -- The Supreme Court is debating whether an Indian tribe retains control over a vast swath of eastern Oklahoma in a case involving a Native American...
article Justices debate Indian control of land in Oklahoma
(Washington D.C.) -- The Supreme Court grappled Tuesday with whether an Indian tribe retains control over a vast swath of eastern Oklahoma in a case involving a Native...
article Supreme Court considers the limits of Native American Indian reservation borders
(Oklahoma) -- The question was at the heart of a feisty debate today at the Supreme Court that could determine whether a man on death row in Oklahoma lives or dies and...
article The Supreme Court Could Restore Millions of Acres in Tribal Lands in an Oklahoma Murder Case
(Washington D.C.) -- With a little help from their lawyers and the Supreme Court, the Muscogee Tribe in Oklahoma is getting very close to taking back its land.
article U.S. justices wrestle with Oklahoma tribal sovereignty dispute
(Washington D.C.) -- U.S. Supreme Court justices appeared cautious on Tuesday about potentially broad consequences in a death penalty case in which they are being asked...
article Warnings of Chaos in Tribal Border Dispute Worry Justices
(Washington D.C.) -- The fate of thousands of criminal convictions and uncertainty about taxes dominated concerns of several U.S. Supreme Court justices during argument...

11/26/2018

article US Supreme Court to hear Creek case Tuesday
(Washington D.C.) -- One of the most closely watched Indian law cases in recent years will be heard at the U.S. Supreme Court on Tuesday when the high court considers...
article EDITORIAL: An originalist approach may soon protect Native American rights
(Washington D.C.) -- Does the original meaning of an 1868 treaty with the Crow Tribe of Indians still apply today, or do evolving standards and a living Constitution...

11/25/2018

article Murder case leads to tribal boundaries issue
(Washington D.C.) -- The U.S. Supreme Court will hear oral arguments this week that could return millions of acres of land to an Oklahoma tribe while redrawing the...

11/24/2018

article Kavanaugh’s impact on the Supreme Court and the country may not be as profound as predicted
(Washington D.C.) -- Brett Kavanaugh’s appointment to the Supreme Court has been widely predicted to plunge the court — and American law with it — into...

11/23/2018

article SCOTUS To Hear Oral Arguments Concerning Okla. Murder Case
(Washington D.C.) -- The U.S. Supreme Court will hear oral arguments next week that could return millions of acres of land to an Oklahoma tribe while redrawing the...

11/21/2018

article U.S. Supreme Court to hear arguments in Murphy case Tuesday
(Washington D.C.) -- On Tuesday, the U.S. Supreme Court will hear oral arguments in the Murphy v. Carpenter case. While the ruling won’t be issued for several...
article Rebuking Trump’s criticism of ‘Obama judge,’ Chief Justice Roberts defends judiciary as ‘independent’
(Washington D.C.) -- Chief Justice John Roberts on Wednesday issued an extraordinary statement in response to President Trump’s criticism of federal judges, one...

11/20/2018

article Argument preview: Justices to turn again to rules for disestablishing tribal reservations
(Washington D.C.) -- Carpenter v. Murphy has the Supreme Court once again reviewing the troubled history of the nation’s treatment of Native Americans. The...

11/14/2018

article Wyo. Tells Justices Crow Tribe's Hunting Right Is Finished
(Washington D.C.) -- Wyoming urged the U.S. Supreme Court not to overturn a Crow tribe member’s state court conviction for illegal elk hunting in the Bighorn...

11/1/2018

article Washington tribal leader barred from entering Supreme Court hearing for wearing traditional headdress
(Washington D.C.) -- Yakama Nation Tribal Council Chairman JoDe Goudy was reportedly barred from entering a U.S. Supreme Court hearing on Tuesday for wearing a...
article Yakama Tribe chairman denied entry to Supreme Court over headdress
(Washington D.C.) -- The U.S. Supreme Court heard arguments Tuesday in a five-year-old case that questions the rights outlined in an 1855 treaty between the United...

10/31/2018

article Supreme Court hears arguments in tribal rights, criminal appeals cases
(Washington D.C.) -- The US Supreme Court continued the November term, hearing oral arguments in one case concerning Indian tribal rights and a second regarding a...
article Tribal Leader Wearing Headdress Denied Entry to Supreme Court
(Washington D.C.) -- Yakama Nation Tribal Council Chairman JoDe Goudy was barred from U.S. Supreme Court oral argument Oct. 30 because he insisted on wearing the full...

10/30/2018

article High Court Tribal Tax Fight Turns on 1855 Treaty
(Washington D.C.) -- A 163-year-old treaty was the focus of Supreme Court oral arguments on Tuesday as lawyers sparred over attempts to tax a fuel distributor owned by a...
article U.S. Supreme Court Hears Yakama Nation Tax Case, As Justices Interpret 1855 Treaty
(Washington D.C.) -- The U.S. Supreme Court heard arguments Tuesday in a five-year-old case that questions the rights outlined in an 1855 treaty between the United...

10/29/2018

article High Court to Weigh Tribal Exemption from Washington Fuel Tax
(Washington D.C.) -- A U.S. Supreme Court case on the scope of a 19th century treaty may have far reaching consequences on tax and state sovereignty. The case centers on...
article U.S. Supreme Court Hears Arguments In ‘Landmark’ Yakama Nation Gas Tax Case
(Washington D.C.) -- Whether a Northwest Native tribe can legally transport goods and services across state lines is at the heart of arguments that will be presented to...

10/24/2018

article Supreme Court To Hear Tribal Hunting Rights Case
(Washington D.C.) -- The case stems from an elk herd hunted by Crow Tribal member Clayvin Herrera and his companions in 2014. A hunt started on National Forest land in...

10/22/2018

article Okla. Tells Justices Congress 'Destroyed' Tribal Authority [sub req]
(Washington D.C.) -- Oklahoma has pressed the U.S. Supreme Court to rule that the Muscogee (Creek) Nation's reservation no longer exists in a case involving the...

10/15/2018

article Citizen Potawatomi Nation hits end of the line at Supreme Court
(Washington D.C.) -- The Citizen Potawatomi Nation has been turned away by the U.S. Supreme Court. The tribe asked the justices to review a ruling which struck down a...

10/12/2018

article Justice Brett Kavanaugh’s impact on Indian Country
(Washington D.C.) -- On Oct. 6, Brett Kavanaugh was sworn in as a Supreme Court justice after a nomination process marked by explosive sexual assault allegations and...
article Crow man takes hunting case to U.S. Supreme Court, says 1868 treaty is on his side
(Montana) -- Native American tribes in the western United States will be closely watching an upcoming Supreme Court case that could set a precedent for tribal hunting...
article Supreme Court creates uncertainty in finding no duty to consult during the law-making process
(Canada) -- The Supreme Court of Canada in Mikisew Cree First Nation v. Canada (Governor General in Council) definitively answered, by a 7-2 majority, that the duty to...

10/11/2018

article Supreme Court rules Ottawa has no duty to consult with Indigenous people before drafting laws
(Ottawa) -- Canada's lawmakers do not have a duty to consult with Indigenous people before introducing legislation that might affect constitutionally protected...
article Supreme Court says Crown has no duty to consult when making laws, but must act honourably
(Ottawa) -- The Supreme Court of Canada issued a landmark ruling Thursday that Canada does not have a duty to consult Indigenous peoples when making laws that could...
article Advocates push for changes to sexual consent, prostitution laws as top court hears Gladue case
(Ottawa) -- Canada's top court begins hearings tomorrow in a case that is sparking case-specific demands for justice, as well as for widespread reforms to amend...
article Supreme Court case puts focus on justice for Indigenous people in Canada
(Ottawa) -- Canada’s criminal justice system is under intense scrutiny this week over its treatment of Indigenous people. On Thursday the Supreme Court of Canada...
article Why is the Barton-Gladue case so important?
(Ottawa) -- A number of organizations plan to argue before the Supreme Court of Canada Thursday in the case of Bradley Barton. The Ontario truck driver was acquitted in...

10/10/2018

article Supreme Court to rule on Indigenous rights case that could have sweeping implications for Parliament
(Ottawa) -- The Supreme Court of Canada will deliver a ruling Thursday on an issue that has become increasingly fraught: the Crown's constitutional duty to consult...

10/8/2018

article Delawareans upset at Kavanaugh confirmation rally in Wilmington
(Delaware) -- Some Delawareans opposed to Brett Kavanaugh’s elevation to the U.S. Supreme Court gathered together Sunday to share their personal anguish at his...
article Kavanaugh’s problematic track record on Native and Indigenous rights
(USA) -- Newly confirmed Supreme Court Justice Brett Kavanaugh has a history of issuing decisions that target the rights of Indigenous groups, and his record of...

10/6/2018

article Divided Senate confirms Kavanaugh’s Supreme Court nomination
(Washington D.C.) -- The Senate voted to confirm Judge Brett M. Kavanaugh as the Supreme Court’s 114th justice on Saturday by one of the narrowest margins in the...
article The battle over this high court seat began decades ago
(Washington D.C.) -- A moderate Supreme Court justice retired, a critical swing vote who despite being appointed by a Republican president had regularly sided with the...

10/5/2018

article BLOG: High court nominee Kavanaugh is no friend to Indian Country
(Washington D.C.) -- The new justice may well cast a vote on the constitutionality of special counsel Robert Mueller’s investigation, on a woman’s right to...
article READ: Lisa Murkowski Says Brett Kavanaugh Is ‘Not the Right Man for the Court at This Time’
(Washington D.C.) -- On Friday, the Senate took a procedural vote to end debate on Brett Kavanaugh—President Donald Trump’s nominee for the Supreme Court...
article Why Alaska Natives pushed Sen. Lisa Murkowski to say no to Brett Kavanaugh
(Alaska) -- Even before the sexual assault allegations against Supreme Court nominee Brett Kavanaugh emerged, Alaska Native groups were pressuring Republican Sen. Lisa...
article ‘Willing to go to the mat’: How Trump and Republicans carried Kavanaugh to the cusp of confirmation
(Washington D.C.) -- Again and again, President Trump was instructed not to do it. A cadre of advisers, confidants and lawmakers all urged him — implored him,...

10/4/2018

article Former Justice John Paul Stevens says Kavanaugh not fit for Supreme Court
(Washington D.C.) -- In an unusual rebuke from a former member of the Supreme Court, Justice John Paul Stevens on Thursday said that Judge Brett Kavanaugh was not...

10/2/2018

article Alaska holds influence in fight over Kavanaugh
(Alaska) -- The fate of Judge Brett Kavanaugh's nomination could come down to the votes from a handful of senators, one of which is Lisa Murkowski, a Republican from...

10/1/2018

article Federal government, Creeks ask to argue in Supreme Court reservation case
(Washington D.C.) -- When an attorney for the state of Oklahoma stands before the U.S. Supreme Court and tells justices that the Muscogee (Creek) Nation no longer has a...
article Supreme Court opens new term with major Indian law cases on docket
(Washington D.C.) -- The U.S. Supreme Court is back in session as Indian Country and the nation await the fate of controversial nominee Brett Kavanaugh. Republicans in...

9/29/2018

article Neal McCaleb: Oklahoma well served by state-tribal bonds
(Oklahoma) -- The U.S. Supreme Court is considering a case of unique interest to Oklahoma. In Carpenter v. Murphy, the court will decide whether a murder committed by an...
article Respondent brief filed in Carpenter v. Murphy
(Washington D.C.) -- A respondent brief was filed Sept. 19 in the case that could potentially update the boundaries for the State of Oklahoma and the Muscogee (Creek)...
article Supreme Court to hear Yakama reservation gas-tax case
(Washington D.C.) -- The U.S. Supreme Court will hear a case Oct. 30 questioning whether a fuel retailer from the Yakama Nation is subject to the state gasoline tax.
article Plaintiffs in N.D. Native American voter ID case seek Supreme Court appeal
(North Dakota) -- Attorneys representing a group of Native Americans challenging North Dakota’s voter identification laws filed an emergency appeal to the U.S....

9/27/2018

article Fox News contributor fired after calling Brett Kavanaugh's accusers 'lying skanks'
(Washington D.C.) -- A Fox News contributor lost his gig at the network after attacking the women who accused Brett Kavanaugh of sexual assault.

9/25/2018

article Supreme Court takes up Indian law petitions amid major controversy
(Washington D.C.) -- With the high-stakes nomination of Brett Kavanaugh in danger of being derailed due to sexual assault allegations, the U.S. Supreme Court is...

9/22/2018

article Oklahoma Indian Reservation Case Heads To Supreme Court
(Washington D.C.) -- At the heart of a case going to the U.S. Supreme Court during its upcoming session is this question: Are there Indian reservations in Oklahoma?

9/20/2018

article Alaska Governor, Lieutenant Governor Oppose Confirmation of Brett Kavanaugh
(Alaska) -- Alaska Governor Bill Walker and Lieutenant Governor Byron Mallott on Thursday offered the following statement: We oppose the confirmation of Brett Kavanaugh...
article Deb Haaland, Udall, National Women’s Org and more speak out regarding Kavanaugh
(Washington D.C.) -- As the controversy over the Supreme Court nomination of Brett Kavanaugh continues to unfold, more public figures and organizations are coming...

9/19/2018

article How Kavanaugh’s History With Sports Betting Could Affect Him – And You
(Washington D.C.) -- The recent hearings into the suitability of Judge Brett Kavanaugh to serve on the Supreme Court of the United States have raised many important...

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...

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