2022-2023 Term
Supreme Court Cases Related to Indian Law
Cert Granted
Subject Matter: Breach of Trust and Water Rights
History: Petition was filed on 4/17/22. Petition was granted on 11/4/2022, consolidated with No. 22-51 (Department of the Interior v. Navajo Nation). Case was decided on 6/22/23.
Rulings Below: Navajo Nation v. Department of the Interior. 996 F.3d 623. Navajo Nation v. Department of the Interior. 26 F.4th 794.
Subject Matter: Indian Child Welfare Act
History: Petition was filed on 9/3/21. Petition was granted on 2/28/22. The petitions for certiorari in No. 21-377 (Cherokee Nation v. Brackeen); No. 21-378 (Texas v. Haaland); and No. 21-380 (Brackeen v. Haaland) have been consolidated, and future filings and activity in the cases will now be reflected on the docket of No. 21-376. Case was decided on 6/15/23.
Ruling Below: Brackeen v. Bernhardt. 937 F.3d 406.
Subject Matter: Tribal sovereign immunity from suit under the Bankruptcy Code
History: Petition was filed on 9/12/22. Petition was granted 1/13/23. Case was decided on 6/15/23.
Ruling Below: Coughlin v. Lac du Flambeau Band of LakeSuperior Chippewa Indians. 33 F.4th 600.
Subject Matter: State criminal jurisdiction over non-Indians in Indian country
History: Petition was filed on 3/2/22. Petition was granted on 10/3/22. Judgment vacated and and case remanded for further consideration in light of Oklahoma v. Castro-Huerta (See GVR Order).
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Cert Denied
Subject Matter: Tribal official personal immunity from suit
History: Petition was filed on 5/20/22. Petition was denied on 10/3/22.
Ruling Below: Acres v. Marston. 72.Cal.App.5th 417.
Subject Matter: Tribal court exhaustion and jurisdiction; tribal sovereign immunity from suit
History: Petition was filed on 4/6/22. Petition was denied on 10/3/22.
Ruling Below: Becker v. Ute Indian Tribe. 7 F.4th 945.
Subject Matter: Tribal regulatory and adjudicatory jurisdiction over non-Indian entity
History: Petition was filed on 7/19/22. Petition was denied on 12/12/22.
Ruling Below: Big Horn Co. Electric Cooperative v. Big Man. 2022 WL 738623.
Subject Matter: State court transfer of child custody proceeding to tribal court
History: Petition was filed on 3/30/22. Petition was denied on 6/26/23.
Subject Matter: Tribal sovereign immunity from suit in tort actions
History: Petition was filed on 6/7/22. Petition was denied on 10/3/22.
Ruling Below: Lopez v. Quaempts. 2022 WL 5561997.
Subject Matter: Equitable estoppel against the federal government as trustee for Indian
lands; Trust status of allotted land at the Confederated Tribes of the Colville Reservation
Ruling Below: Grondal v. United States. 21 F.4th 1140.
Subject Matter: Determination of Indian under the Major Crimes Act, 18 U.S.C. Sec. 1153
History: Petition was filed on 2/4/22. Petition was denied on 10/11/22.
Subject Matter: Determination of Indian under the Major Crimes Act, 18 U.S.C. Sec. 1153
History: Petition was filed on 2/25/22. Petition was denied on 10/11/22.
Subject Matter: Federal prosecution of an Indian for a crime in Indian country under state law
History: Petition was filed on 2/16/23. Petition was denied on 3/20/23.
Related Proceedings: United States v. Smith, No. 21-35036 (9th Cir.), 2022 WL 3102454 and United States v. Smith, No. 17-30248 (9th Cir.), 925 F.3d 410.
Subject Matter: Article III standing and right the right of non-parties to appeal
History: Petition was filed on 1/10/23. Petition was denied on 3/20/23.
Ruling Below: Spokane Indian Tribe v. Sulgrove, 2022 WL 3083310.
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