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Supreme Court nominee fares well in review of Indian law record

Tribes and their advocates have already praised U.S. Supreme Court nominee Neil Gorsuch and a new analysis reveals the strength of his Indian law experience. During a decade on the 10th Circuit Court of Appeals, Gorsuch participated in at least 39 Indian Country cases, according to a comprehensive review conducted by the Native American Rights Fund.

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Supreme Court

7/31/2017

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

7/15/2017

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

7/10/2017

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

7/3/2017

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

6/28/2017

article Gorsuch is already pushing the Supreme Court right on religion, guns and gay rights
(Washington D.C.) -- When Judge Neil M. Gorsuch went before the Senate in March as President Trump’s first nominee to the Supreme Court, he sought to assure...

6/27/2017

article Gorsuch asserts himself early as force on Supreme Court’s right
(Washington D.C.) -- On Day 78 of his lifetime appointment, the Supreme Court’s newest justice, Neil M. Gorsuch, revealed himself Monday to be:

6/26/2017

article Conservatives cheer Gorsuch amid flurry of decisions on final day of Supreme Court term
(Washington D.C.) -- Conservatives cheered the opinions of Justice Neil Gorsuch, President Trump's pick to fill the Supreme Court vacancy created by the death of...

5/18/2017

article Supreme Court to examine 'duty to consult' indigenous group about legislation
(Alberta) -- The Supreme Court of Canada will delve into the issue of whether the federal duty to consult Indigenous groups applies to the legislative process.

5/17/2017

article BLOG: The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court
(Washington D.C.) -- Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in...

5/14/2017

article Native Sun News Today: Nation's highest court calls tribe's bluff with new decision
(Washington D.C.) -- The Supreme Court changed the rules of the game for employees of Indian casinos putting tribal officials and employees at risk for damages they may...
article Employees lose tribal immunity off-reservation
(New Mexico) -- A case involving high rollers rolling down the highway rolled out of the high court last month. The case, with the resonant name Lewis v. Clarke, has...

5/9/2017

article LEGAL BLOG: Exploring Tribal Sovereign Immunity with Lewis v. Clarke
(Washington D.C.) -- The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the...

5/4/2017

article SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender
(Washington D.C.) -- On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity.

5/3/2017

article d'ERRICO: Lewis v. Clarke: Latest Hit on Tribal Immunity Law
(Washington D.C.) -- On April 25, 2017, the U.S. Supreme Court decided Lewis v. Clarke, a case involving the scope of Mohegan sovereign immunity. The substance of the...

5/2/2017

article BLOG: Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity
(Washington D.C.) -- On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in...

5/1/2017

article Supreme Court rejects case challenging feds over polar bear habitat in Alaska
(Alaska) -- The Supreme Court declined Monday to hear a case appealing the federal government's decision to designate more than 187,000 square miles in Alaska as...

4/30/2017

article SULLIVAN: Will Inherent Tribal Court Authority Over Non-Members Survive Dollar General?
(Washington D.C.) -- State, county and city governments are responding to the opiate crisis by suing the national manufacturers and distributors of these dangerous drugs...

4/28/2017

article OP/ED: Supreme Court on Tribal Sovereign Immunity: a Smelly Pot of Fish Head Stew
(Washington D.C.) -- So, the Supreme Court has spoken; An employee of a Tribal Governmental Entity or Arm of the Tribe (Mohegan Gaming Authority) who is sued in State...

4/27/2017

article Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity
(Washington D.C.) -- The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual...
article Sovereign Immunity
(Connecticut) -- A Connecticut attorney who made his first trip to the U.S. Supreme Court just saw his case land a big win after the justices issued a unanimous ruling...
article Supreme Court Deals Blow to Sovereignty
(Connecticut) -- A little over 200 years ago the expedition led by Lewis and Clark explored the Louisiana Purchase and provided many tribes with their first contact with...
article Supreme Court ruling may help victims of casino bus crash
(Connecticut) -- On Tuesday the Supreme Court held that the sovereign immunity of Indian tribes extended to them and their employees does not extend to suits against...
article Supreme Court: No Sovereign Immunity for Tribal Casino Limo Driver
(Washington D.C.) -- The U.S. Supreme Court ruled on April 25 that a limousine driver for a Mohegan Tribe casino isn't entitled to sovereign immunity in a negligence...
article Supreme Court: Tribal employee can be sued
(Connecticut) -- A U.S. Supreme Court decision earlier this week involving a Mohegan Sun limo driver will make it a bit easier to sue employees of Indian tribes in state...
article Tribe’s Employee Can’t Share Sovereign Immunity
(Washington D.C.) -- Tribal sovereign immunity doesn’t protect an American Indian tribe’s employee sued in his individual capacity, the U.S. Supreme Court...
article United States Supreme Court overturns Mohegan Indian Tribe ruling
(Connecticut) -- The United States Supreme Court has overturned an earlier ruling from the Connecticut Supreme Court by deciding that the sovereign immunity of the...

4/26/2017

article Mohegan Sun Limo Driver Who Crashed Vehicle Denied Sovereign Immunity by US Supreme Court
(Washington D.C.) -- A Mohegan Sun limo driver involved in a crash on I-95 outside the Mohegan tribe’s sovereign lands may not claim sovereign immunity, the US...
article TURTLE TALK: Jenn Weddle Guest Commentary on Lewis v. Clarke
(Michigan) -- This was the best possible result in this case (a narrow remand). Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal...

4/25/2017

article ANALYSIS: Justices decline to extend sovereign immunity to tribe employees
(Washington D.C.) -- Today the Supreme Court held that the sovereign immunity of Indian tribes does not extend to suits against tribal employees when the employee,...
article FLETCHER: Initial Observations about Lewis v. Clarke
(Washington D.C.) -- The initial impact could be very big. The holding is pretty broad, bringing in the doctrine of official immunity to the tribal context without the...
article High Court Kills Tribal Immunity for Casino Employees
(Washington D.C.) -- Tribal immunity does not shield a casino’s limo driver for Mohegan Sun Casino from having to pay the couple he rear-ended on a highway, the...
article Justices Revive Suit Against Indian Casino Limo Driver
(Washington D.C.) -- A unanimous Supreme Court says that Indian tribes' immunity from lawsuits does not always extend to their employees in incidents that occur far...
article Supreme Court hands defeat to tribal interests in sovereignty case
(Washington D.C.) -- The nation's highest court has delivered a blow to Indian Country with a surprising decision that leaves tribal employees in danger of being...
article Supreme Court Refuses To Extend Tribal Immunity To Casino Limo Driver
(Washington D.C.) -- A limo driver transporting customers to the Mohegan Sun casino in Connecticut isn't entitled to tribal immunity from a lawsuit over a traffic...
article Supreme Court rules tribal immunity does not apply to individuals
(Washington D.C.) -- The US Supreme Court on Tuesday ruled [opinion, PDF] that tribal sovereign immunity does not extend to tribal employees acting in an individual...
article U.S. Supreme Court rules Mohegan employee not immune from ‘individual capacity’ lawsuit
(Washington D.C.) -- It’s not every day that a lawyer puts the brakes on the sovereign immunity that Indian tribes enjoy. But that’s the kind of day James...
article US Supreme Court takes narrow view on tribal immunity
(Washington D.C.) -- The US Supreme Court took a narrow view Tuesday on the immunity from lawsuits enjoyed by Native American tribes, which are treated in some respects...

4/10/2017

article Tribes enter a new era with conservative lean at Supreme Court
(Washington D.C.) -- The U.S. Supreme Court is back to nine members with the arrival of a new justice in the nation's capital. After a bitter and partisan fight that...

4/9/2017

article OP/ED: Why America Must Continue to Deliberate Neil Gorsuch and Originalism
(Washington D.C.) -- To secure the appointment of Judge Neil Gorsuch to the United States Supreme Court, Senate Republican Majority leader Mitch McConnell enacted what...

4/6/2017

article Supreme Court pick heads toward confirmation with tribal support
(Washington D.C.) -- Tribal leaders and advocates are embracing Neil Gorsuch for the U.S. Supreme Court even as Republicans and Democrats remain bitterly divided on the...

4/4/2017

article PORTER: Judge Neil Gorsuch Is Worthy of Indian Country Support
(New York) -- At his confirmation hearing last week, President Trump’s nominee to the U.S. Supreme Court, Neil Gorsuch, said something remarkable about Indian...

4/3/2017

article BERREY: Neil Gorsuch for the High Court
(Oklahoma) -- For decades, Indian country has sought out nominees for the federal courts and the U.S. Supreme Court who have deep knowledge of federal Indian law and...

3/28/2017

article Tribes Support Neil Gorsuch Supreme Court Nod as Democrats Plan Filibuster
(Washington) -- Exhibiting a split with Democratic allies in Congress, several tribes are going on record supporting Judge Neil Gorsuch’s nomination to become an...

3/27/2017

article Support for Gorsuch from Native American groups could put pressure on Western Democrats
(Washington D.C.) -- Two leading Native American organizations have penned a letter of support for Judge Neil Gorsuch's Supreme Court nomination to the leadership of...
article Trump’s Supreme Court nominee could shape Native American issues, UND professor says
(North Dakota) -- It’s too early to say for certain if President Donald Trump’s Supreme Court nominee Neil Gorsuch will sit on the country’s highest...

3/20/2017

article Supreme Court nominee fares well in review of Indian law record
(Washington D.C.) -- Tribes and their advocates have already praised U.S. Supreme Court nominee Neil Gorsuch and a new analysis reveals the strength of his Indian law...

3/16/2017

article Lawmakers say tribal support will help Gorsuch nomination
(Washington D.C.) -- Republican lawmakers from western states said Thursday that Judge Neil Gorsuch’s record of supporting the sovereignty of tribal nations could...
article Tribes get White House pitch for Gorsuch
(Washington D.C.) -- Western American Indian tribes got the hard sell from the White House on Wednesday to back Supreme Court nominee Neil Gorsuch.

2/24/2017

article Tribe endorses Gorsuch for Supreme Court
(Montana) -- The Confederated Salish and Kootenai Tribes on Wednesday announced their endorsement of President Donald Trump’s nominee for the U.S. Supreme Court,...

2/17/2017

article Tribes find common ground with Donald Trump on Supreme Court nominee
(Washington D.C.) -- It's been a rocky start for Indian Country and the new Trump administration but some common ground is emerging in a surprising area.

2/4/2017

article Senate Committee on Indian Affairs Chairman Supports Trump’s Pick for US Supreme Court
(Washington) -- Senator John Hoeven (North Dakota – R), chairman of the Senate Committee on Indian Affairs, supports Neil Gorsuch as the next associate justice of...

2/3/2017

article Supreme Court pick Gorsuch favors federal restraint
(Massachusetts) -- Supreme Court nominee Neil Gorsuch has repeatedly favored extending greater power to states, counties, towns and American Indian tribes, according to...

2/2/2017

article For Tribes, Gorsuch Offers Familiar Face In Unfriendly Arena [sub req]
(Washington D.C.) -- U.S. Supreme Court nominee Neil Gorsuch has extensive experience dealing with Native American cases from his time as a Tenth Circuit judge, where he...

2/1/2017

article Donald Trump's Supreme Court nominee well versed in Indian law
(Washington D.C.) -- Republican President Donald Trump is striving to maintain the conservative lean of the U.S. Supreme Court by filling a vacancy left by the death of...
article Trump Chooses Neil Gorsuch for US Supreme Court
(Washington D.C.) -- Federal appeals court Judge Neal Gorsuch, 49, has been selected by President Donald Trump to fill the U.S. Supreme Court associate justice position...

1/17/2017

article Native American Cases To Watch In 2017 [sub req]
(Washington D.C.) -- An eight-member U.S. Supreme Court in 2017 will examine two Native American cases early in the year. However, assuming President-elect Trump will...

1/16/2017

article BLOG: Supreme Court Hears Oral Arguments in First Indian Law Case of 2017
(Washington D.C.) -- On Monday, January 9, 2017, the United States Supreme Court heard oral arguments in Lewis v. Clarke, a case arising from the Connecticut Supreme...

1/10/2017

article Supreme Court hears argument in lone Indian law case on docket
(Washington D.C.) -- The U.S. Supreme Court met on Monday to hear the first, and so far only, Indian law case on the docket. The eight justices took up Lewis v. Clarke,...

1/9/2017

article Justices could revive suit against Indian casino limo driver
(Washington D.C.) -- The Supreme Court is weighing whether Indian tribes' immunity from lawsuits also extends to their employees in incidents that take place far...
article Justices Weigh Tribal Immunity for Limo Crash
(Washington D.C.) -- A car crash in Connecticut involving a casino employee is forcing the U.S. Supreme Court to decide just how far Native American tribal immunity can...
article Top US court hears case that could redefine tribal sovereignty
(Washington D.C.) -- After a long trek through the US legal system, a seemingly simple car crash case involving a chauffeur shuttling patrons from an Indian casino has...
article U.S. Supreme Court hears arguments in local tribal sovereignty case
(Washington D.C.) -- A Waterford attorney whose tribal sovereignty case the U.S. Supreme Court agreed to hear said he was encouraged by the questions the justices posed...

1/7/2017

article Waterford attorney, tribes on opposite sides of U.S. Supreme Court case
(Connecticut) -- Waterford — Right from the start, James Harrington figured the case might have legs. “It was an argument that had never been made in...

11/22/2016

article U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees
(Washington D.C.) -- The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an...

11/13/2016

article FLETCHER: Supreme Court case could expose Indian tribes to new legal risks
(Washington D.C.) -- Accidents happen. And sometimes those accidents involve the employees of Indian tribes. The Supreme Court is scheduled to hear a case that will rule...

7/28/2016

article High Court Asked To Fix Split Over Tribal Immunity In Tort Suit [sub req]
(Washington D.C.) -- Two individuals injured in an off-reservation car collision with a Mohegan Tribe-owned limousine continued Tuesday to press the U.S. Supreme Court...

7/25/2016

article The Supreme Court Is the Most Important Issue in the 2016 Election
(Washington D.C.) -- Healthcare, gay marriage, voting rights, affirmative action, reproductive rights, labor rights, immigration, climate change. These are some of the...

7/2/2016

article Supreme court takes casino case
(Kansas) -- The Kansas Crossing Casino lawsuit has taken one more step toward completion this week as the Kansas Supreme Court issued an order remanding the case to its...

7/1/2016

article SCOTUS Hands Tribes One More Win, Upholds Race-Conscious College Admissions
(Washington D.C.) -- In a surprising move, the Supreme Court ruled on June 23 that University of Texas at Austin’s use of race as one factor in admissions...

6/29/2016

article Local support high for Dollar General decision
(Oklahoma) -- After a court battle lasting years, the Supreme Court recently "decided" to acknowledge the sovereignty of American Indian courts in civil cases...
article Tribal sovereignty affirmed in Dollar General Case in U.S. Supreme Court
(Washington D.C.) -- The United States Supreme Court was equally divided and unable to reach a majority ruling in the case of Dollar General versus the Mississippi Band...

6/28/2016

article Supreme Court puts an end to another tribal jurisdiction dispute
(Washington D.C.) -- Call it the case that Indian Country forgot. Amid all the flurry over Dollar General Corporation v. Mississippi Band of Choctaw Indians, another...
article Dollar General Case Highlights Tribal Sovereignty In Business Dealings
(Washington D.C.) -- A tribal court for the Mississippi Band of Choctaw Indians has jurisdiction to decide a case involving a teen worker at a Dollar General store on...
article The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi Band of Choctaw Indians
(Washington D.C.) -- John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s...
article For conservatives, high court’s term was a letdown
(Washington D.C.) -- Conservative hopes for a transformational term at the Supreme Court ended with Justice Antonin Scalia’s death this winter, and liberals...
article The Right-Wing Supreme Court That Wasn’t
(Washington D.C.) -- Conservatives thought this Supreme Court term would be different. Still reeling from losses last year in major cases on health care and same-sex...

6/25/2016

article Supreme Court Deadlock Delivers Justice To Native American Boy Allegedly Molested At A Dollar Store
(Washington D.C.) -- A tied 4-4 decision in the Supreme Court yesterday allows a sexual assault case filed against a non-Native defendant to move forward in tribal...

6/24/2016

article SCOTUS confirms jurisdiction of Choctaws over Dollar General
(Washington D.C.) -- The Supreme Court affirmed a decision of a federal appeals court allowing a tribal court to exercise jurisdiction over a non-member corporation. In...
article Supreme Court tie is seen as win for tribal jurisdiction
(Washington D.C.) -- An evenly split Supreme Court gave a limited victory on Thursday to Indian tribes seeking jurisdiction over civil suits involving nontribal members...
article Supreme Court Upholds Tribal Court Jurisdiction In Dollar General Case
(Washington D.C.) -- In the much-anticipated ruling in the Dollar General v. Mississippi Band of Choctaw Indians case, the U.S. Supreme Court affirmed the right of the...
article Tie ruling upholds tribes’ jurisdiction in lawsuits against non-Indians
(Washington D.C.) -- Native tribes won a narrow victory Thursday when the U.S. Supreme Court announced that the eight justices were evenly split in a case involving...
article Scalia's death, Senate inaction leave Supreme Court in bind
(Washington D.C.) -- Justice Antonin Scalia's unexpected death in February and the Senate's refusal to confirm a successor has left the Supreme Court in a bind...

6/23/2016

article Breaking: Victory for Tribes as SCOTUS Ties in Dollar General
(Washington D.C.) -- In a narrow victory for the nation’s 567 federally-recognized tribal nations, the United States Supreme Court today announced a 4-4 deadlock...
article Justices' Tie Means Dollar General Can't Dodge Tribal Court sub req]
(Washington D.C.) -- Dollar General will have to face a $2.5 million lawsuit in tribal court over the alleged sexual assault of an underage Native American intern, after...
article Supreme Court deadlocks in closely-watched tribal jurisdiction case
(Washington D.C.) -- The U.S. Supreme Court on Thursday failed to come to a majority in a closely-watched tribal jurisdiction case. By a 4-4 vote, the justices upheld a...
article Supreme Court tie favors tribal court authority
(Washington D.C.) -- A Supreme Court tie has left in place the authority of Native American courts to judge complaints against people who are not tribal members. The...
article The U.S. Supreme Court Leaves Tribal Authority Intact
(Washington D.C.) -- American Indian tribal courts will retain the authority to hear suits from tribal members against non-tribal businesses, after a 4-4 split in the...
article TURTLE TALK: Impact of Dollar General Affirmance
(Washington D.C.) -- Huge win for the Mississippi Band of Choctaw Indians tribal court and most especially for the family of John Doe. The case must now return to the...
article Tribe celebrates Supreme Court ruling on sovereignty
(Michigan) -- A tie among U.S. Supreme Court justices that will allow a lawsuit to continue in tribal court upholds the rights of Native Americans to govern their own...

6/21/2016

article Anti-Indian figure appears in segment on tribal court jurisdiction
(Washington D.C.) -- Indian Country isn't the only one paying attention to a tribal jurisdiction case that's pending before the U.S. Supreme Court.

6/20/2016

article Supreme Court enters final stretch of historic yet unusual term
(Washington D.C.) -- The U.S. Supreme Court is entering the final stretch of an unusual and historic term that saw a record four Indian law cases on the docket.

6/16/2016

article Supreme Court Upholds Tribal Court Ruling In Domestic Violence Case
(Washington D.C.) -- This week, a Supreme Court decision affirmed the sovereignty of Native American tribal courts and emphasized the importance of addressing domestic...
article The Legal Residue of American Empire
(Washington D.C.) -- In 1803, President Thomas Jefferson concluded the Constitution didn’t allow acquisition of new territory. But Louisiana was on the market; he...

6/15/2016

article Supreme Court Makes Hash of U.S. Tribal Law
(Washington D.C.) -- No area of the Supreme Court’s docket is more laden with contradictions than Indian law. On the one hand is the court’s well-intentioned...
article Justices Trumpet Tribal Sovereignty In Puerto Rico Ruling [sub req]
(Washington D.C.) -- The U.S. Supreme Court’s ruling last week that Puerto Rico lacks sovereignty for purposes of double jeopardy in criminal prosecutions, which...

6/14/2016

article BLOG: Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence Prosecutions
(Washington D.C.) -- On June 13, 2016, the Supreme Court issued a decision in United States v. Bryant, resolving a circuit split to hold that tribal-court convictions...
article Constitutional Gaps Don't Taint Tribal Convictions
(Washington D.C.) -- Dealing a blow to a woman-beater whose tribal convictions are not up to U.S. constitutional snuff, the Supreme Court ruled Monday that federal...
article High Court Finds No Federal Right to Counsel in Indian Territories
(Washington D.C.) -- There are few rights the Supreme Court holds as sacrosanct as access to effective counsel in criminal proceedings. Except, as the justices...
article Miranda rights may be the law of the land, but not on tribal lands
(Washington D.C.) -- It was 50 years ago this week that the Supreme Court handed down its decision in Miranda v. Arizona that made the now-familiar Miranda warning...
article Supreme Court decision hailed as a victory for tribal sovereignty
(Washington D.C.) -- The U.S. Supreme Court isn't always kind to Indian Country but a unanimous decision in a domestic violence case is drawing praise from tribes...

6/13/2016

article Supreme Court turns down tribe's appeal in tax fight
(Washington D.C.) -- In a case that raised questions about tribal sovereignty, the U.S. Supreme Court on Monday turned down an appeal from the Seminole Tribe of Florida...
article BLOG: Supreme Court Endorses Tribal Courts; Bad News For Corporate Defendants?
(Washington D.C.) -- The U.S. Supreme Court ruled unanimously against a man challenging the power of Indian tribal courts in a criminal case, possibly signalling trouble...
article Breaking: Scotus Overturns Ninth Circuit, Upholds Tribal Court Convictions
(Washington D.C.) -- In a historic victory for tribal jurisprudence, the United States Supreme Court today ruled that prior uncounseled tribal court convictions used in...
article Court upholds law aimed at domestic violence on tribal lands
(Washington D.C.) -- The Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic...
article Justices OK Prosecution Based On Tribal Court Convictions [sub req]
(Washington D.C.) -- The U.S. Supreme Court on Monday unanimously reversed a Ninth Circuit ruling that tossed a Native American man’s federal domestic assault...
article Supreme Court upholds use of tribal convictions in federal system
(Washington D.C.) -- The U.S. Supreme Court issued another Indian law decision on Monday, confirming that tribal convictions can be used against repeat domestic violence...

6/9/2016

article Supreme Court debates 'inherent' tribal sovereignty in new ruling
(Washington D.C.) -- As Indian Country continues to wait for a decision in a closely-watched tribal jurisdiction case, a different sovereignty dispute is once again...

6/6/2016

article Clock keeps ticking on closely-watched tribal jurisdiction dispute
(Washington D.C.) -- The U.S. Supreme Court issued decisions in two cases on Monday but Dollar General Corporation v. Mississippi Band of Choctaw Indians was not one of...
article Supreme Court won't take up dispute over solar plant on sacred land
(Washington D.C.) -- The U.S. Supreme Court won't be hearing a dispute over a solar energy plant that's located on sacred land in California. Without comment,...

5/31/2016

article Indian Country presses Supreme Court to hear labor law dispute
(Washington D.C.) -- The Obama administration is urging the U.S. Supreme Court to stay out of a highly-charged sovereignty dispute that has drawn widespread interest...
article Another week goes by without decision in tribal jurisdiction case
(Washington D.C.) -- The U.S. Supreme Court continues to make Indian Country wait for a decision in a closely-watched tribal jurisdiction case.

5/22/2016

article Non-Status Indians in the U.S., Part 2: Daniels v. Canada/Crown
(Canada) -- In the recent Supreme Court of Canada decision in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, the Court was asked to resolve...

5/19/2016

article It’s a Hard Bargain: The Choctaw Tribe Takes Dollar General to the Supreme Court
(Washington) -- Forty years after the Mississippi Burning trials rocked the United States, the town of Philadelphia, Mississippi is back in the spotlight. The dusty...
article Supreme Court still holding onto decision in tribal jurisdiction case
(Washington D.C.) -- Indian Country will have to keep waiting for an answer in a closely-watched tribal jurisdiction case. The justices issued three more decisions on...

5/18/2016

article Supreme Court takes up petition in Seneca Nation land case again
(New York) -- Maybe the second time is the charm -- the U.S. Supreme Court is once again considering a petition in a long-running gaming case. The justices originally...

5/8/2016

article First Nations suicide crisis line expands to cover all B.C.
(British Columbia) -- A First Nations mental health crisis line that has served people in Nuu-Chah-Nulth territory since 1993 will now be available across British...

5/4/2016

article Supreme Court Will Not Hear Case About Native American Prisoners
(Alabama) -- The Supreme Court will not hear an appeal of a lower court’s decision to force Native American inmates to cut their hair while in Alabama prisons....

4/26/2016

article Still no decision from Supreme Court in tribal jurisdiction case
(Washington D.C.) -- Another week has passed without a decision from the U.S. Supreme Court in a closely-watched tribal jurisdiction case.

4/24/2016

article Justice Sotomayor Chills, Thrills and Inspires
(New Mexico) -- A welcoming staff greeted more than 700 attendees, many of whom patiently waited for over an hour among the blossoming trees gracing the campus at St....

4/22/2016

article Breaking: Supreme Court Hears Arguments in US v. Bryant
(Washington D.C.) -- Tribal court justice was again on trial today as the Supreme Court heard oral arguments in United States v. Bryant, a case that will establish...

4/21/2016

article Justices Focus on Due Process in Domestic Violence Case
(Washington D.C.) -- U.S. Supreme Court justices focused their sparse questioning during oral argument April 19 on an issue of due process not raised in briefs for a...

4/20/2016

article SCOTUSBlog: Supreme Court has few questions in Indian law case
(Washington D.C.) -- The U.S. Supreme Court heard arguments in US v. Bryant on Tuesday but had few questions for both sides in the closely-watched Indian law case. Amy...
article Supreme Court hears arguments on Indian tribal courts, False Claims Act
(Washington D.C.) -- The US Supreme Court heard oral arguments [day call, PDF] in two cases Tuesday. In US v. Bryant the court heard arguments to determine whether a...

4/19/2016

article Supreme Court weighs law aimed at domestic violence on tribal lands
(Washington) -- The Obama administration asked the Supreme Court Tuesday to uphold a federal law aimed at people who have been convicted of repeated acts of domestic...

4/18/2016

article Law to fight domestic violence in Indian Country at stake in Montana case before Supreme Court
(Montana) -- Michael Bryant Jr. choked, bit, beat, kicked, pulled hair, threw women to the floor, and hit them over the head with a bottle. Despite admitting to multiple...
article Supreme Court case raises questions about tribal convictions
(Washington D.C.) -- The U.S. Supreme Court will hear arguments on whether federal felony charges can be filed against defendants who were previously convicted of...

4/16/2016

article Métis recognition long overdue, Windsor indigenous student says
(Canada) -- Métis people in Windsor say Thursday's Supreme Court ruling that tens of thousands of Métis and non-status indigenous people are the responsibility of...
article Quebec Metis and Labrador Inuit celebrate Supreme Court’s Daniels decision
(Quebec) -- Reaction continued across the country Friday in response to the historic Daniels decision handed down by the Supreme Court.

4/14/2016

article Dollar General: Railroading The Tribes
(Oklahoma) -- The Supreme Court case Dollar General v. Mississippi Band of Choctaw Indians began with an alleged sexual assault of a minor by the non-Indian manager of a...

4/12/2016

article Supreme Court Decides Reservation Boundary Case in Tribe’s Favor
(Washington D.C.) -- In Nebraska v. Parker, 2016 WL 1092417 (U.S. 2016), the Omaha Tribe had entered into a treaty with the United States in 1865 ceding tribal lands and...

4/8/2016

article It’s more crucial that a Democrat wins in November than you realize: A liberal Supreme Court could have seismic effect on American life
(USA) -- I’ve argued, to the chagrin of many Sanders supporters, that regardless of who wins the Democratic nomination, we have a moral imperative to ensure a...

4/5/2016

article Meet the Brains Behind the Effort to Get the Supreme Court to Rethink Civil Rights
(Washington D.C.) -- When Supreme Court plaintiffs speak to the press on the courthouse plaza after their cases have been argued, they usually refer specific questions...

3/29/2016

article Reality of a divided Supreme Court: A split decision and a search for compromise
(Washington D.C.) -- The reality of an ideologically divided, evenly split, one-man-down Supreme Court became apparent Tuesday: The justices deadlocked on a major...

3/27/2016

article How a Seventh-Day Adventist and peyote led to Supreme Court fights over contraception
(USA) -- In 1957, Adele Sherbert became a member of the Seventh-Day Adventist Church while she worked for a textile mill in South Carolina. The mill changed its work...

3/26/2016

article BLOG: Scalia’s Worst Decision?
(Washington D.C.) -- This week the Supreme Court heard oral arguments in Little Sisters of the Poor v. Burwell. The Sisters, joined by many Protestant groups, have...

3/25/2016

article SCOTUS Defends Native Tribe's Right to Impose Sales Tax on its Own Land
(Washington D.C.) -- The Supreme Court ruled unanimously on Tuesday (March 22) to uphold a Native tribe's right to tax alcohol sales within their reservation.
article Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute
(Washington) -- On March 22, 2016, the Supreme Court issued a decision in Nebraska v. Parker. In this case, Nebraska challenged the Omaha Indian Tribe’s right to...
article U.S. Supreme court rules for tribe in boundary case
(Washington D.C.) -- The U.S. Supreme Court issued a decision Tuesday the significance of which is likely to be debated in the ongoing dispute between the Wind River...

3/24/2016

article Attorneys: Court ruling doesn’t solve tribe liquor tax issue
(Nebraska) -- The U.S. Supreme Court’s ruling that Pender is within the boundaries of the Omaha Indian Reservation doesn’t mean the tribe can begin...
article Justices Told 9th Circ. 'Indian' Definition Is Constitutional
(Washington D.C.) -- The federal government has urged the U.S. Supreme Court to reject an appeal by a Native American man who was convicted of assault and imprisoned...

3/23/2016

article Omaha Tribe Wins Unanimous Decision at SCOTUS
(Washington D.C.) -- Yesterday the United States Supreme Court ruled in a unanimous decision to uphold the right of the Omaha Tribe of Nebraska to impose a sales tax on...
article Supreme Court: Pender is within Omaha Indian Reservation boundaries; legality of tribe's liquor tax unclear
(Nebraska) -- The U.S. Supreme Court ruled Tuesday that the northeast Nebraska village of Pender remains within the jurisdiction of the Omaha Tribe.

3/22/2016

article ABOUREZK: Supreme Court decision could lead to tribal taxes on Pender businesses
(Nebraska) -- A U.S. Supreme Court decision released Tuesday could mean businesses in Pender may have to start paying taxes on alcohol sales to the Omaha Tribe. The...
article High court sides with Indian tribe in dispute with Pender
(Washington D.C.) -- The Supreme Court says a Nebraska town is within the boundaries of an Indian reservation and subject to a tribal tax on liquor sales from local...
article Indian Victory At Supreme Court Is An 8-0 Tribute To Scalia's Textualism
(Washington D.C.) -- A Nebraska Indian tribe won a convincing victory at the U.S. Supreme Court, one that also represents a win for the judicial philosophy of the late...
article SCOTUS Rules for Tribe in Liquor Tax Dispute
(Washington D.C.) -- The U.S. Supreme Court on Tuesday held that the town of Pender, Neb., is within the boundaries of an Indian reservation and therefore subject to a...
article Supreme Court backs Omaha Tribe in reservation boundary case
(Washington D.C.) -- The Omaha Tribe secured a major victory on Tuesday when the U.S. Supreme Court rejected a closely-watched challenge to its reservation boundaries....
article Supreme Court rules Nebraska town is within Omaha Indian Reservation
(Washington D.C.) -- The US Supreme Court [official website] on Monday held [opinion, PDF] unanimously that a congressional 1882 Act of purchase did not diminish the...
article Supreme Court rules that Pender is within Omaha Indian Reservation boundaries, subject to liquor tax
(Nebraska) -- The cost of liquor will soon go up in the small town of Pender. That’s because the U.S. Supreme Court ruled Tuesday that the northeast Nebraska...
article U.S. Supreme Court Backs Indian Tribe in Case Eyed by School Districts
(Washington D.C.) -- In a case being watched by school districts on or near American Indian reservations, the U.S. Supreme Court on Tuesday upheld the right of a tribe...

3/21/2016

article Supreme Court declines case over Indian symbol on license plate
(Washington D.C.) -- The Indian image on Oklahoma's license plate will stay put following an order issued by the U.S. Supreme Court on Monday. Without comment, the...
article Supreme Court won't hear case challenging Ute Tribe's sovereignty
(Washington D.C.) -- In a major victory for the Ute Tribe of Utah, the U.S. Supreme Court on Monday declined to take up a long-running dispute over its sovereignty. Last...
article U.S. Supreme Court won't hear appeal on Oklahoma license plate case
(Washington D.C.) -- An Oklahoma clergyman who raised religious objections to the Native American on the state license plate won't get to make his arguments to the U...
article John Roberts Criticized Supreme Court Confirmation Process, Before There Was a Vacancy
(Washington D.C.) -- Last month, Chief Justice John G. Roberts Jr. delivered some blunt remarks about the Supreme Court confirmation process. The Senate should ensure...

3/18/2016

article Supreme Court nominee dissented in Yucca Mountain licensing case
(Washington D.C.) -- Nevadans have a reason to know Supreme Court nominee Merrick Garland’s name beyond the highly charged U.S. Senate debate over whether his...

3/17/2016

article Supreme Court nominee comes with some Indian law experience
(Washington D.C.) -- President Barack Obama nominated Merrick Garland to serve on the U.S. Supreme Court on Wednesday and his pick comes with some Indian law experience...

3/16/2016

article Supreme Court nominee comes with some Indian law experience
(Washington D.C.) -- President Barack Obama nominated Merrick Garland to serve on the U.S. Supreme Court on Wednesday and his pick comes with some Indian law experience.

3/15/2016

article GIAGO: Scales of Justice often lean wrong way for Indians
(South Dakota) -- With the death of Supreme Court Justice Antonin Scalia the Republican controlled House and Senate has decided to deny President Obama his...
article Diane Humetewa not under consideration for Supreme Court seat
(Washington D.C.) -- President Barack Obama appeared eager on Thursday to announce his pick for the U.S. Supreme Court but a short-list that's been widely cited in...

3/13/2016

article Alaska, national Native leaders urge quick Supreme Court appointment
(Alaska) -- Alaska Native leaders held a press call Thursday urging Alaska’s senators, Lisa Murkowski and Dan Sullivan, to give a fair hearing and a timely...

3/12/2016

article Alaska tribal advocates want Murkowski, Sullivan to vet a Supreme Court nominee
(Washington D.C.) -- Alaska Native leaders want the state’s U.S. senators to support a hearing for a new Supreme Court justice, a move that would go against their...

3/11/2016

article Supreme Court schedules hearing in Indian Country domestic violence case
(Washington) -- The U.S. Supreme Court will be hearing its next Indian law case with just eight members. The justices have scheduled oral arguments in US v. Bryant for...

3/1/2016

article Dollar General defends proposal for Chiloquin location
(Washington) -- Dollar General said it believes a location in Chiloquin would be a good fit for the community despite local concerns about the company’s ethics...
article Klamath Tribes oppose Dollar General store due to court challenge
(Washington) -- The Klamath Tribes of Oregon are taking a stand against a proposed Dollar General store in the community. A letter from Chairman Don Gentry cited Dollar...

2/29/2016

article Scalia showdown is opening round of long fight over Supreme Court’s future
(Washington D.C.) -- The debate over a replacement for the late Justice Antonin Scalia marks the beginning of a ferocious battle for ideological control of the U.S....

2/27/2016

article NEWCOMB: What Justice Scalia Said He Didn’t Know About U.S. Indian Law
(California) -- News of U.S. Supreme Court Justice Antonin Scalia’s passing on February 15 made me think of the brief conversation that I had with him at the...
article RUSSELL: The Originalist Sins of Justice Scalia
(Texas) -- All human beings are seething cauldrons of bias and prejudice based on both rational and irrational reasons. Those of us who have been honored to wear the...

2/26/2016

article Rejecting the Ninth Circuit’s Distrust of Tribal Courts [sub req]
(Washington D.C.) -- This spring, the Supreme Court will have the opportunity to affirm its commitment to the integrity of tribal courts – and also protect...
article Replacing Scalia: Diane Humetewa Would Be Great Supreme Court Choice
(Washington D.C.) -- Diane J. Humetewa, the first American Indian woman to serve on the federal bench, could be in line to become the first American Indian U.S. Supreme...

2/22/2016

article No Supreme Court opinions this week following Scalia's death
(Washington D.C.) -- The U.S. Supreme Court won't issue decisions this week following the death of Justice Antonin Scalia. Decisions are pending in Dollar General...

2/21/2016

article Opinion: Justice Scalia's disastrous decision on religious freedom
(Illinois) -- In the days after the death of Justice Antonin Scalia on Feb. 13, conservative religious and political leaders lavished praise on the long-serving justice...

2/20/2016

article HAMILTON: In Defense of Justice Scalia on Religious Liberty and Smith
(Washington D.C.) -- It did not take long after Justice Antonin Scalia’s unexpected passing for someone to attack him for having authored Employment Div. v. Smith...
article Native American Humetewa on the Supreme Court?
(Arizona) -- You never know what’s going to get Indian Country all abuzz. They will protest the team name of the Atlanta Braves, but root for the Tuba City...
article RICKERT: President Obama Has Opportunity to Nominate a Hopi Judge to Supreme Court
(Washington D.C.) -- With the sudden death of United States Supreme Court Associate Justice Antoinin Scalia, President Barack Obama has the constitutional authority to...
article Scalia Vacancy Opens Avenue For Native American Savvy [sub req'd]
(New York) -- The death of U.S. Supreme Court Justice Antonin Scalia presents an opportunity for President Barack Obama or his successor to choose a replacement with a...

2/18/2016

article Advocate: Arizona judge perfect Supreme Court nominee
(Washington D.C.) -- Advocate and writer R. Kyle Alagood is offering a sure-fire, can't-miss candidate to replace Antonin Scalia on the Supreme Court, one guaranteed...
article DERRICO: Scalia's Death: Will It Affect Indian Country?
(Washington D.C.) -- The death of U.S. Supreme Court Justice Antonin Scalia raised the temperature of ongoing electoral campaigns, increased the intensity of...
article OP/ED: Resetting the Post-Scalia Supreme Court
(Washington D.C.) -- In the days since Justice Antonin Scalia’s death, there has been plenty of talk about the substantial impact his absence will have on the...
article Scalia’s Death Offers Best Chance in a Generation to Reshape Supreme Court
(Washington D.C.) -- There is a reason Republican senators are so adamant in their refusal to let President Obama appoint a successor to Justice Antonin Scalia, a...

2/17/2016

article Humetewa would be a consensus pick for Supreme Court
(Washington D.C.) -- The Obama Administration needs a nominee for Supreme Court who is so moderate that the Republican controlled Senate has no choice but to confirm the...
article Native American judge considered for Supreme Court nomination
(Washington D.C.) -- The first Native American woman to be appointed to the federal bench is being discussed as a possible nominee for the Supreme Court. In 2014, Diane...
article WILKINS: Scalia Had Ragged Track Record on Native Issues
(Washington D.C.) -- Justice Antonia Scalia was one of the most rabidly anti-native justices—closely aligned with former Chief Justice William Rehnquist—ever...

2/16/2016

article How Scalia Kept the Little Guys Out of Court
(Washington D.C.) -- For all the commemoration of Antonin Scalia’s sweeping legal theories and biting prose—his promotion of the original 18th-century...

2/14/2016

article Justice Antonin Scalia dies with Indian law cases on the docket
(Washington D.C.) -- Justice Antonin Scalia, a consistent anti-tribal voice on the U.S. Supreme Court, was found dead in Texas on Saturday, The San Antonio Express-News...

2/13/2016

article Supreme Court Justice Antonin Scalia dies at 79; fiery conservative fought liberalism's tide
(Washington D.C.) -- Supreme Court Justice Antonin Scalia, the fiery conservative who used a sharp intellect, barbed wit and a zeal for verbal combat to fight against...

2/8/2016

article Indian Nations Law Update - February 2016
(Washington D.C.) -- In Menominee Indian Tribe of Wisconsin v. United States, 2016 WL 280759 (U.S. 2016), the Menominee Indian Tribe of Wisconsin (MITW) had sued the...

1/30/2016

article Tribal Convictions Fair Game As Predicates, Feds Tell Justices [sub req'd]
(New York) -- Federal prosecutors urged the U.S. Supreme Court on Thursday to reverse a Ninth Circuit ruling that tossed out a Native American man’s domestic...

1/29/2016

article "Intense" Questioning From U.S. Supreme Court Marks Hearing On Omaha Tribe Border Lawsuit
(Washington D.C.) -- The United States Supreme Court is reviewing arguments in a boundary dispute between the Omaha Tribe and the village of Pender, Nebraska after...

1/26/2016

article Supreme Court rules equitable tolling does not apply to tribe's contract claim
(Washington D.C.) -- The US Supreme Court ruled unanimously Monday in Menominee Indian Tribe of Wisconsin v. United States that equitable tolling does not apply to the...
article Supreme Court declines NAGPRA case affecting Kumeyaay Nation
(Washington D.C.) -- The U.S. Supreme Court has never heard a Native American Graves Protection and Repatriation Act case and that record will be continuing for the...

1/25/2016

article Menominee Nation loses contract support costs case at Supreme Court
(Washington D.C.) -- The U.S. Supreme Court issued its first Indian law decision of its current term on Monday, ruling against the Menominee Nation of Wisconsin in a...
article SCOTUS Holds Tribe's Delay Fatal To Its Claims
(Washington D.C.) -- The U.S. Supreme Court on Monday held the Menominee Indian Tribe of Wisconsin failed to failed to show that extraordinary circumstances prevented it...

1/23/2016

article U.S. Supreme Court Examines Tribal Authority Over Non-Indians in Nebraska v. Pender
(Washington D.C.) -- The U.S. Supreme Court heard oral arguments on Jan. 20, 2016, in Nebraska v. Pender, its third Indian law case of the term. The question presented...

1/22/2016

article Squatter’s Rights: SCOTUS Hears Arguments in Fight Over Omaha Tribal Land
(Washington D.C.) -- On Wednesday, the United States Supreme Court heard oral arguments in Nebraska v. Parker, a case that will ultimately determine if the geographic...

1/21/2016

article Tribes Face Uphill Fights in High Court [sub req'd]
(Washington D.C.) -- Their cases may not command the high profile of abortion, immigration, affirmative action and other challenges now on the U.S. Supreme Court’s...
article TURTLE TALK: Commentary on the Omaha Reservation Boundaries Argument
(Michigan) -- Did Paul Clement just throw the Mississippi Choctaw tribal government under the bus?!?! Well, no, but the Omaha tribe’s reservation boundaries case...

1/20/2016

article Supreme Court hears Omaha Tribe boundary dispute case
(Washington D.C.) -- Attorneys made their arguments Wednesday before the U.S. Supreme Court in a case that will determine if Pender businesses that sell alcohol are...
article U.S. Supreme Court to decide if Pender is part of Omaha reservation
(Washington D.C.) -- U.S. Supreme Court justices peppered Nebraska’s solicitor general with questions Wednesday about the impact on the town of Pender if the Omaha...
article Who Is In Charge When Non-Indians Settle on Indian Reservation Land?
(Washington D.C.) -- Supreme Court justices questioned lawyers Wednesday about whether tribal sovereignty over Indian reservations applies to non-Indian settlements in a...

1/19/2016

article Century-old boundary dispute brings Omaha Tribe before US Supreme Court
(Washington D.C.) -- The United States Supreme Court is scheduled to hear arguments tomorrow in a case pitting the Omaha Indian Nation against its uneasy neighbors in...

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