Subscribe to our Daily Digest e-mail
DOJ requests Supreme Court to overturn Royal v. Murphy

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 is considered Oklahoma.

share

Supreme Court

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...
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...

visionary sponsor advertisement

sponsor advertisement