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Supreme Court won’t block gender confirmation surgery of Idaho transgender inmate

The U.S. Supreme Court has refused to block a transgender inmate in Idaho from getting gender confirmation surgery. The court’s brief order, which was issued Thursday, let it stand a 2019 ruling by the 9th U.S. Circuit Court of Appeals. The justices denied a request from the state of Idaho to put the surgery of Adree Edmo on hold.

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Supreme Court

5/22/2020

article Supreme Court won’t block gender confirmation surgery of Idaho transgender inmate
(Idaho) -- The U.S. Supreme Court has refused to block a transgender inmate in Idaho from getting gender confirmation surgery. The court’s brief order, which was...
article Supreme Court won’t halt preparations for transgender inmate’s surgery
(Idaho) -- The Supreme Court on Thursday night refused to stop court-ordered surgery for a transgender prisoner in Idaho. Adree Edmo is scheduled for what the state...

5/18/2020

article Analysis: Why Oklahoma’s historic (and recent) legal arguments to the U.S. Supreme Court are so vital
(Oklahoma) -- Just a few days ago, the U.S. Supreme Court heard oral arguments in the case of McGirt v. Oklahoma. Attorney General Mike Hunter, in press comments after...
article U.S. Supreme Court Won’t Hear $150M NJTHA Case Versus Sports Leagues
(New Jersey) -- The United States Supreme Court on Monday opted not to get involved in a years-long court dispute over whether the major professional and college sports...

5/15/2020

article OP/ED: Do we redefine sovereignty?
(Oklahoma) -- Within Oklahoma, the Native American tribes in our state are sovereign nations. There are 29 tribal sovereign nations in Oklahoma, and these tribes have...

5/14/2020

article NAC: Supreme Court hears McGirt jurisdiction case
(Washington D.C.) -- The U.S. Supreme Court is hearing oral arguments in a pivotal jurisdiction case about tribal land in Oklahoma. For the first time in history the...

5/12/2020

article Gorsuch's pivotal vote could favor Oklahoma tribe in controversial Native American rape case
(Washington D.C.) -- Supreme Court Justice Neil Gorsuch will likely be the deciding vote in a high-profile rape case that hinges on whether or not a portion of Oklahoma...
article Is the Supreme Court Scared of Tribal Sovereignty?
(Washington D.C.) -- In 2003, writing a concurrent opinion in United States v. Lara, a case that determined an individual can be charged with the same crime in tribal...
article LEGAL BLOG: Argument analysis: For the second time in two terms, justices consider reservation status of eastern Oklahoma
(Washington D.C.) -- McGirt v. Oklahoma asks whether the eastern half of Oklahoma is an Indian reservation, exempt in important ways from the control of state and local...

5/11/2020

article Gorsuch’s Questions Favor Tribe in High-Stakes Reservation Case
(Washington D.C.) -- Questions asked by Justice Neil Gorsuch during a U.S. Supreme Court argument suggest he’s skeptical of the Oklahoma government’s stance...
article Justices Hear Fight Over Tribal Land in Criminal Appeal
(Washington D.C.) -- The Supreme Court appeared unwilling Monday to side with a Native American convict who argued that most of eastern Oklahoma should be classified as...
article Supreme Court hears arguments on tribal land jurisdiction and religious school employment discrimination
(Washington D.C.) -- The US Supreme Court heard remote oral arguments on Monday in cases involving a state’s jurisdiction on Native American lands for crimes...
article Supreme Court justices wrestle with Creek reservation case, with key justice dubious about state's position
(Washington D.C.) -- U.S. Supreme Court justices on Monday looked for clear answers — and maybe even a compromise — on whether Congress officially terminated...
article Supreme Court takes up sovereignty case amid coronavirus crisis in Indian Country
(Washington D.C.) -- Despite recent improvements in government-to-government relations, Indian nations are still finding themselves at odds with states and even their...
article U.S. Supreme Court weighs Oklahoma tribal authority dispute
(Washington D.C.) -- U.S. Supreme Court justices on Monday wrestled with the potentially broad consequences of a rape case that could lead to huge swathes of Oklahoma...
article US Supreme Court Hears Arguments Today on Whether Eastern Oklahoma is an Indian Reservation
(Washington D.C.) -- The U.S. Supreme Court hears arguments today in a case that has enormous implications for Oklahoma. McGirt v. Oklahoma is the second case before the...

5/8/2020

article Gorsuch Gets Moment as Decider in Case Evoking Trail of Tears
(Washington D.C.) -- The U.S. Supreme Court made waves when it announced that it would hear arguments over the phone this month in light of the coronavirus pandemic. So...
article NAGLE: Oklahoma’s Suspect Argument in Front of the Supreme Court
(Washington D.C.) -- Next week, by teleconference, the Supreme Court will hear a case that will determine whether much of Oklahoma is an Indian reservation. While the...
article Will the Supreme Court return eastern Oklahoma to the Five Tribes?
(Washington D.C.) -- The case of McGirt v. Oklahoma sits at the top of the Supreme Court docket as the Indian law case that will decide the issue of whether eastern...

5/4/2020

article Listen Live: Supreme Court Hears Oral Arguments Remotely
(Washington D.C.) -- The Supreme Court is hearing oral arguments remotely for the next two weeks, and for the first time in history, the audio will be available, live,...

4/30/2020

article SCOTUS: Argument preview: Justices to hear second set of arguments on reservation status of eastern Oklahoma
(Washington D.C.) -- McGirt v. Oklahoma will bring the justices a pronounced sense of déjà vu, as they hear argument for the second time in two years about whether the...

4/29/2020

article OP/ED: It's going to be an unusual May in the Supreme Court
(Washington D.C.) -- For the first time in recent memory, the Supreme Court will be holding oral arguments in May, and for the first time ever, they will be by telephone...

4/14/2020

article Supreme Court to rule on tribal justice remotely via telephone
(Washington D.C.) -- A tribal sovereignty issue that has been wending its way through the courts for two decades may be finally heading toward a final decision before a...

4/13/2020

article Supreme Court To Rule On Tribal Justice Remotely Via Telephone
(Washington D.C.) -- A tribal sovereignty issue that has been wending its way through the courts for two decades may be finally heading toward a final decision before a...

3/30/2020

article Supreme Court churns along with Indian Country case amid coronavirus crisis
(Washington D.C.) -- With the nation hobbled by the coronavirus crisis, the U.S. Supreme Court continues work on McGirt v. Oklahoma, the only Indian law case set for...

3/22/2020

article Tulsa, Trump administration warn of upheaval in Creek case
(Washington D.C.) -- The city of Tulsa and the Trump administration warned last week of upheaval in eastern Oklahoma if the U.S. Supreme Court rules that the Muscogee (...

3/18/2020

article Creek reservation case could change Oklahoma forever, Hunter argues
(Oklahoma) -- Ruling that a Creek reservation exists in eastern Oklahoma “would plunge the State into uncertainty for decades to come,” throwing in doubt...

2/28/2020

article How Will Trump’s Supreme Court Remake America?
(Washington D.C.) -- In July 2013, Aimee Stephens wrote a letter to her co-workers and her employer at a funeral home in the Detroit area, where she had worked for six...

2/25/2020

article Tribal Jurisdiction On Supreme Court Docket Again With McGirt V. Oklahoma
(Washington D.C.) -- Oral arguments in a case that could reshape tribal justice in eastern Oklahoma have been set to be heard by the U.S. Supreme Court on April 21. The...

2/24/2020

article Trump targets Sotomayor, Ginsburg in tweets, seeks their recusal from all ‘Trump related’ cases
(Washington D.C.) -- President Trump attacked Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg in a pair of tweets late Monday night, days after Sotomayor...

2/22/2020

article Sotomayor accuses Supreme Court of bias in favor of Trump administration
(Washington D.C.) -- Supreme Court Justice Sonia Sotomayor issued a dissenting opinion Friday accusing her conservative colleagues of having a bias toward the Trump...

2/19/2020

article Project Bolsters Tribes’ High Court Claims Following Defeats
(Washington D.C.) -- When he argues this spring at the U.S. Supreme Court that Oklahoma couldn’t prosecute an American Indian for rape committed on Indian land,...

2/18/2020

article Project Bolsters Tribes’ High Court Claims Following Defeats
(Washington D.C.) -- When he argues this spring at the U.S. Supreme Court that Oklahoma couldn’t prosecute an American Indian for rape committed on Indian land,...

2/5/2020

article Indian inmate files opening brief in Supreme Court sovereignty case
(Washington D.C.) -- An opening brief has been submitted on behalf of Jimcy McGirt, the Indian inmate whose U.S. Supreme Court case is poised to resolve the sovereign...

1/31/2020

article Minnesota Supreme Court Justice Inspires Denfeld Students
(Minnesota) -- Denfeld High School had a Minnesota Supreme Court Justice visit students to share her uplifting journey to success. "Whenever you may be having a...
article State jurist gets fired up about Denfeld
(Minnesota) -- It didn’t take long for Anne McKeig, associate justice of the Minnesota Supreme Court, to reach a judgment about Denfeld High School.

1/29/2020

article Supreme Court set to resolve Indian Country case on second try
(Washington D.C.) -- Get ready for round two. The nation's highest court continues to prepare for another reservation boundary case after failing to reach a decision...

1/1/2020

article Gorsuch No Lock For Tribes In Okla. Reservation Case [sub req]
(Washington D.C.) -- Justice Neil Gorsuch has shown a strong knowledge of Indian law and largely supported tribal interests since joining the U.S. Supreme Court, but...

12/21/2019

article Supreme Court sneaks in another Indian Country case to the docket
(Washington D.C.) -- Anyone wondering why the U.S. Supreme Court seemed to be taking its time with one of the most closely-watched controversies in Indian Country...

12/14/2019

article Supreme Court Takes Up New Oklahoma Tribal Land Case
(Washington D.C.) -- The U.S. Supreme Court agreed to hear a dispute from Oklahoma involving American Indian territory that has vast criminal justice, tax, and...
article Supreme Court to decide Native American land dispute in Oklahoma
(Washington D.C.) -- The Supreme Court agreed for the second time Friday to decide whether much of Oklahoma remains Native American territory, a ruling that could plunge...
article Supreme Court to Rule on Whether Much of Oklahoma Is an Indian Reservation
(Washington D.C.) -- The Supreme Court agreed on Friday to decide whether much of eastern Oklahoma is an Indian reservation, a question that could have enormous...

12/6/2019

article First Native American judge appointed to Washington Supreme Court
(Washington) -- On Thursday, the first Native American judge was appointed to serve on the Washington Supreme Court. This makes her the second Native American judge to...

11/11/2019

article Still no sign of Supreme Court arguments in closely-watched Indian Country case
(Washington D.C.) -- The nation's highest court continues to keep Indian Country in the dark when it comes to one of the most contentious cases in recent history....

10/31/2019

article LEGAL BLOG: Should federal Indian law be textualist?
(Washington D.C.) -- Last year, the Supreme Court heard arguments, and requested extensive supplemental briefing, in Royal v. Murphy (now called Sharp v. Murphy) a...

10/28/2019

article Indian Groups Urge Supreme Court To Hear Bingo Block Case [sub req]
(Washington D.C.) -- Four tribal groups are urging the U.S. Supreme Court to consider a Texas tribe's dispute against the Lone Star State after a Fifth Circuit...

10/26/2019

article Justices 'Struggling' With Okla. Tribal Land Case, Atty Says [sub req]
(Washington D.C.) -- The U.S. Supreme Court appears divided along a “fault line” over how the Muscogee (Creek) Nation’s historical claim to its...

10/25/2019

article Appellate Hot List 2019: Kirkland & Ellis
(Washington D.C.) -- George Hicks discusses the firm's top U.S. Supreme Court win, Herrera vs. Wyoming.

10/7/2019

article Waiting on the Supreme Court to return eastern Oklahoma to Indigenous nations
(Washington D.C.) -- All of Indian Country is waiting on the U.S. Supreme to do what is morally and legally right and return to reservation status the lands of the...
article First Monday In October: Previewing The Supreme Court's New Term
(Washington D.C.) -- The Supreme Court begins its annual session on Oct. 7 and will take up a series of cases likely to have political reverberations in the 2020...

10/4/2019

article This year at the Supreme Court: Gay rights, gun rights and Native rights
(Washington D.C.) -- The Supreme Court begins its annual session on Oct. 7 and will take up a series of cases likely to have political reverberations in the 2020...

9/9/2019

article Justice Gorsuch book touts Scalia’s views and civility in the Trump era
(Washington D.C.) -- Thirty years ago, Neil Gorsuch was in his first year at Harvard Law School when Justice Antonin Scalia, then new to Supreme Court, came to lecture...

9/5/2019

article Arizona joins other states calling on Supreme Court to overturn DACA
(Washington D.C.) -- Arizona joined 12 other states last week week that asked the Supreme Court to roll back Deferred Action for Childhood Arrivals, a program that they...

8/12/2019

article Elk case returns to Wyoming after Supreme Court ruling
(Wyoming) -- Judge John Fenn took arguments under advisement during a status conference for Herrera v. Wyoming in 4th Judicial District Court Friday. The case stems from...

7/30/2019

article LEGAL BLOG: What the Supreme Court Didn’t Decide
(Washington D.C.) -- The Supreme Court’s 2018-19 term has ended. Tribes scored major victories in Washington State Department of Licensing v. Cougar Den, Inc., 139...
article Indian Nations Law Update - July 2019
(Washington D.C.) -- The Supreme Court’s 2018-19 term has ended. Tribes scored major victories in Washington State Department of Licensing v. Cougar Den, Inc., 139...

7/23/2019

article Opinion: The glaring omission on the Supreme Court
(Ontario) -- Canada’s legal system is core to its identity. At home, Canadians are encouraged to celebrate the 1982 Charter of Rights and Freedoms as one of Canada...

7/18/2019

article Mark Trahant: The Indian law legacy of Justice John Paul Stevens
(Washington D.C.) -- John Paul Stevens joined the Supreme Court as a conservative member appointed by President Gerard Ford. Yet when Stevens retired as a justice he was...

7/17/2019

article TRAHANT: Treaties are a contract between sovereigns; the legacy of Justice John Paul Stevens
(Washington D.C.) -- John Paul Stevens joined the Supreme Court as a conservative member appointed by President Gerard Ford. Yet when Stevens retired as a justice he was...

7/14/2019

article On an often unpredictable Supreme Court, Justice Gorsuch is the latest wild card
(Washington D.C.) -- Justice Neil M. Gorsuch, President Donald Trump's first appointee to the Supreme Court, is proving to be a different kind of conservative. He is...

7/7/2019

article Supreme Court could change its approach to Indian land case, experts say
(Washington D.C.) -- The U.S. Supreme Court, which has failed to reach a decision in a closely watched Indian land case out of Oklahoma, likely deadlocked and may try a...

7/5/2019

article OP/ED: More time for a plan
(Oklahoma) -- The U.S. Supreme Court has adjourned without taking decisive action on a case that might reconfigure the relationship between Native American tribes and...

7/3/2019

article BLOG: The Sports Gambling Supreme Court Case That Gave Us Showtime’s “Action”
(USA) -- Within the past year, we’ve seen a handful of interesting sports gambling shows appear on large networks. Showtime’s Action is one noteworthy...

7/1/2019

article Hunting ruling raises questions
(Wyoming) -- A recent U.S. Supreme Court ruling affirming tribal hunting rights has Wyoming officials worried about the potential effect of unregulated off -reservation...
article In a Battle of Tribal Hunting Rights vs. State Regs, the Supreme Court Ruled in Favor of the Tribes … But Now What?
(Wyoming) -- The U.S. Supreme Court's ruling in Herrera vs. Wyoming in May poses more questions than answers in resolving a five-year legal battle. One thing (we...

6/29/2019

article Supreme Court ruling raises questions about unregulated hunting in Wyoming
(Wyoming) -- A recent U.S. Supreme Court ruling affirming tribal hunting rights has Wyoming officials worried about the potential effect of unregulated off-reservation...

6/26/2019

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

6/25/2019

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

6/24/2019

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

6/22/2019

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

6/18/2019

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

6/16/2019

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

6/12/2019

article Chief Justice John Roberts is about to show his cards
(Washington D.C.) -- With a deadline for nearly 30 cases looming and weighty issues of religion, gerrymandering and the 2020 census pending, Chief Justice John Roberts...
article Supreme Court passes on more Indian law petitions as decision looms in big case
(Washington D.C.) -- After a blockbuster season in which tribal treaties have been front and center, it looks like the U.S. Supreme Court is taking a little break from...

6/7/2019

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

6/4/2019

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

6/2/2019

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

5/30/2019

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

5/28/2019

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

5/25/2019

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

5/24/2019

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

5/23/2019

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

5/22/2019

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

5/21/2019

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

5/20/2019

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

5/14/2019

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

5/13/2019

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

5/4/2019

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

4/28/2019

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

4/23/2019

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

4/22/2019

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

4/18/2019

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

4/15/2019

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

4/7/2019

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

3/28/2019

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

3/26/2019

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

3/25/2019

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

3/23/2019

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

3/22/2019

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

3/20/2019

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

3/19/2019

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

3/10/2019

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

3/5/2019

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

2/25/2019

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

2/19/2019

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

2/18/2019

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

2/15/2019

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

1/29/2019

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

1/18/2019

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

1/13/2019

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

1/11/2019

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

1/10/2019

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

1/9/2019

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

1/8/2019

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

1/7/2019

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

1/2/2019

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

12/30/2018

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

12/28/2018

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

12/26/2018

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

12/19/2018

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

12/15/2018

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

12/10/2018

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

12/4/2018

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

12/3/2018

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

12/2/2018

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

12/1/2018

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

11/30/2018

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

11/29/2018

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

11/28/2018

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

11/27/2018

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

11/26/2018

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

11/25/2018

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

11/24/2018

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

11/23/2018

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

11/21/2018

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

11/20/2018

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

11/14/2018

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

11/1/2018

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

10/31/2018

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

10/30/2018

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

10/29/2018

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

10/24/2018

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

10/22/2018

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

10/15/2018

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

10/12/2018

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

10/11/2018

article Supreme Court rules Ottawa has no duty to consult with Indigenous people before drafting laws
(Ottawa) -- Canada's lawmakers do not have a duty to consult with Indigenous people before introducing legislation that might affect constitutionally protected...
article Supreme Court says Crown has no duty to consult when making laws, but must act honourably
(Ottawa) -- The Supreme Court of Canada issued a landmark ruling Thursday that Canada does not have a duty to consult Indigenous peoples when making laws that could...
article Advocates push for changes to sexual consent, prostitution laws as top court hears Gladue case
(Ottawa) -- Canada's top court begins hearings tomorrow in a case that is sparking case-specific demands for justice, as well as for widespread reforms to amend...

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