2019-2020 Term
Supreme Court Cases Related to Indian Law
Cert Granted
Subject Matter: Reservation Disestablishment
Question Presented: Whether Oklahoma courts can continue to unlawfully exercise, under state law, criminal jurisdiction as “justiciable matter” in Indian Country or Indians accused of major crimes enumerated under the Indian Major Crimes Act – which are under exclusive federal jurisdiction.
History: Petition was filed on 4/17/19. Petition was granted on 12/13/19. Case was decided on 7/9/20.
Subject Matter: Reservation Disestablishment
Question Presented: Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today under 18 U.S.C. §1151(a).17-1107.
History: Petition was filed on 2/6/18. Petition was granted on 5/21/18. Argued 11/27/18. Case was restored to the calendar for reargument 6/27/19. Case was decided on 7/9/20.
Ruling below: Murphy v. Royal, 875 F.3d 896.
Petitions Related to McGirt v. Oklahoma
On July 9, 2020, the day it issued its McGirt decision, the Court granted certiorari in these cases, vacated and remanded the cases to the Oklahoma Court of Criminal Appeals for reconsideration in light of McGirt.
Subject Matter: Reservation Disestablishment
History: Petitions were filed August 15, 2018– October 23, 2019. Petition was granted on 7/9/2020. Judgment vacated and and case remanded for further consideration in light of McGirt v. Oklahoma (See GRV order).
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Cert Denied
Subject Matter: Indian Gaming Regulatory Act (“IGRA”)
History: Petition was filed on 9/23/19. Petition was denied on 1/13/20.
Ruling Below: State of Texas v. Alabama-Coushatta Tribe of Texas, 918 F. 3d 440.
Subject Matter: Federal Takings; Tribal Water Rights
History: Petition was filed on 3/13/20. Petition was denied on 6/22/20.
Rulings Below: Baley v. United States, 942 F.3d 1312; Baley v. United States, 134 Fed.Cl. 619.
Subject Matter: Tribal Sovereign Immunity; Bankruptcy
History: Petition was filed on 3/19/19. Petition dismissed on 4/2/20 (Rule 46 Dismissal).
Ruling below: In re Greektown Holdings, LLC, 917 F.3d 451; In re Greektown Holdings, LLC, 559 B.R. 842.
Subject Matter: Clean Water Act
History: Petition was filed on 8/26/19. Petition was denied on 12/09/19.
Ruling Below: Hoopa Valley Tribe v. Federal Energy Regulatory Commission, 913 F.3d 1099.
Subject Matter: Land-Into-Trust
History: Petition was filed on 1/23/20. Petition was denied on 6/22/20.
Ruling Below: Cherokee Nation v. Bernhardt, 936 F.3d 1142.
Subject Matter: Criminal Procedure
History: Petition was filed on 5/9/19. Petition was denied on 12/9/19.
Ruling below: United States v. Cottier, 908 F.3d 1141.
Subject Matter: Federal Rules of Civil Procedure; Tribal Sovereign Immunity
History: Petition was filed on 3/24/20. Petition was denied on 6/29/20.
Ruling Below: Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, 932 F.3d 843.
Subject Matter: Sovereign Immunity
History: Petition was filed on 1/30/20. Petition was denied on 3/9/20.
Ruling Below: James v. JW Gaming Development, LLC, 778 Fed.Appx. 545; JW Gaming Development, LLC. v. James, 2020 WL 353536.
Subject Matter: Tribal Court Jurisdiction
History: Petition was filed on 7/23/19. Petition was denied on 11/12/19.
Ruling Below: Knighton v. Cedarville Rancheria of Northern Paiute Indians, 922 F.3d 892.
Subject Matter: Federal Court Jurisdiction
History: Petition was filed on 8/27/19. Petition was denied on 12/16/19.
Ruling below: Kurowski v. Estate of Kurowski, 771 Fed.Appx. 649.
Subject Matter: Federal Rules of Civil Procedure
History: Petition was filed on 8/13/20. Petition was denied on 8/25/20.
Ruling Below: Mitchell v. United States, 958 F.3d 775.
Subject Matter: Reservation Status
History: Petition was filed on 12/23/19. Petition was denied on 3/9/20.
Ruling Below: Chemehuevi Tribe v. McMahon, 934 F.3d 1076.
Subject Matter: Tribal Sovereign Immunity
History: Petition was filed on 3/13/20. Petition was denied on 4/20/20. Rehearing was denied on 6/15/20.
Ruling Below: United States v. Neff, 787 F. App'x 81.
Subject Matter: Taxation
History: Petition was filed on 2/21/20. Petition denied on 5/26/20.
Ruling Below: Flandreau Santee Sioux Tribe v. Noem, 938 F.3d 928.
Subject Matter: Younger Abstention
History: Petition was filed on 3/4/19. Petition was denied on 10/7/19.
Ruling below: Oglala Sioux Tribe v. Fleming, 904 F.3d 603.
Subject Matter: Federal Criminal Jurisdiction
History: Petition was filed on 8/26/19. Petition was denied on 10/15/19.
Ruling Below: United States v. Smith, 925 F.3d 410.
Subject Matter: Tribal Court Jurisdiction
History: Petition was filed on 11/5/19. Petition was denied on 1/13/20.
Ruling Below: Spurr v. Pope,
936 F.3d 478.
Subject Matter: Indian Child Welfare Act
History: Petition was filed on 10/11/19. Petition was denied on 3/2/20.
Ruling Below: Watso v. Lourey, et al., 929 F. 3d 1024.
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