2023-2024 Term
Supreme Court Cases Related to Indian Law
Cert Granted
Subject Matter: Indian Self-Determination and Education Assistance Act Contract Support Costs
Question Presented: Whether IHS must pay "contract support costs" not only to support IHS-funded activities, but also to support the tribe's expenditure of income collected from third parties.
History: Petition for a writ of certiorari was filed on 9/13/2023. Petition was granted on 11/20/2023 and No. 23-250 was consolidated with No. 23-253 (Becerra v. Northern Arapaho Tribe). Case was decided on 6/6/2024.
Rulings Below: San Carlos Apache Tribe v. Becerra, 53 F.4th 1236. Additional materials available via Turtle Talk. Northern Arapaho Tribe v. Becerra, 61 F.4th 810. Additional materials available via Turtle Talk.
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Cert Denied
Subject Matter: Breach of contract; Administrative Procedure Act; Takings
History: Motion for bill of complaint was filed on 7/26/2023. Motion for leave to file a bill of complaint was denied on 1/8/2024.
Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation
144 S.Ct. 185
Docket No. 22-19
Documents on TSCP website
Subject Matter: Tribal sovereign immunity from suit
History: Petition for a writ of certiorari was filed on 7/3/2023. Petition was denied on 10/2/2023.
Rulings Below: Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation, 2023 WL 2486077; Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation, 2022 WL 2666062.
Subject Matter: Standing to challenge public holiday
History: Petition for a writ of certiorari was filed on 5/18/2023. Petition was denied on 10/2/2023.
Ruling Below: Conference of Presidents of Major Italian Am. Organizations, Inc. v. City of Philadelphia, 2023 WL 1069704.
Subject Matter: Federal Rule of Civil Procedure 19 (Required Joinder of Parties)
History: Petition for a writ of certiorari was filed on 5/11/2023. Petition was denied on 10/30/2023.
Ruling Below: Klamath Irrigation District v. United States Bureau of Reclamation, 48 F.4th 934.
Subject Matter: Prior exclusive jurisdiction doctrine
History: Petition for a writ of certiorari was filed on 9/5/2023. Petition was denied on 1/8/2024.
Ruling Below: In re Klamath Irrigation District, 69 F.4th 934.
Subject Matter: Land trust acquisitions under the Indian Reorganization Act
History: Petition for a writ of certiorari was filed on 1/26/2024. Petition was denied on 4/1/2024.
Rulings Below: Littlefield v. U.S. Department of the Interior, 85 F.4th 635. Littlefield v. U.S. Department of the Interior, 656 F.Supp.3d 280. Additional materials available via Turtle Talk.
Subject Matter: New Mexico Rule of Civil Procedure 19 (Required Joinder of Parties)
History: Petition for a writ of certiorari was filed on 5/15/2023. Petition was denied on 10/2/2023.
Ruling Below: Martin v. Sandoval County, 2022 WL 17489050.
Subject Matter: Land trust acquisitions under the Indian Reorganization Act; Indian Gaming Regulatory Act
History: Petition for a writ of certiorari was filed on 2/5/2024. Petition was denied on 4/15/2024.
Rulings Below: No Casino in Plymouth v. National Indian Gaming Commission, 2023 WL 4646113. No Casino in Plymouth v. National Indian Gaming Commission, 2022 WL 1489498. Additional materials available via Turtle Talk.
Subject Matter: Federal court jurisdiction and the futility doctrine
History: Petition for a writ of certiorari was filed on 3/28/2023. Petition was denied on 10/2/2023.
Ruling Below: Sauk-Suiattle Indian Tribe v. City of Seattle, 56 F.4th 1179.
Subject Matter: Religious freedom
History: Petition for a writ of certiorari was filed on 10/3/2022. Petition was dismissed on 10/10/2023.
Ruling Below: Slockish v. U.S. Dep't of Transportation, 2021 WL 5507413.
Subject Matter: Due Process and Equal Protection under U.S. and Florida Constitutions
History: Petition for a writ of certiorari was filed on 9/12/2023. Petition was denied on 1/8/2024.
Ruling Below: Tingle v. Florida Department of Health, 361 So.3d 315 (Unpublished Disposition).
Subject Matter: Online sports betting under the Indian Gaming Regulatory Act
History: Petition for a writ of certiorari was filed on 2/8/2024. Petition was denied on 6/17/2024.
Rulings Below: West Flagler Associates, Ltd. v. Haaland, 71 F.4th 1059. West Flagler Associates v. Haaland, 573 F.Supp.3d 260. Additional materials available via Turtle Talk.
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