Holding: the Ysleta del Sur and Alabama and Coushatta Indian Tribes of Texas Restoration Act bans on tribal lands only the gaming activities that are also banned in Texas. Dissent: Chief Justice Roberts, Justices Thomas, Alito, and Kavanaugh. Topic: Gaming Arizona v. Navajo Nation (SCOTUS) . Cert granted November 4, 2022; Awaiting scheduling Consolidated with Department of the Interior v. Navajo Nation Issues: (1) whether the 9 th Circuit opinion, allowing the Navajo Nation to proceed with a claim that would enjoin the Secretary of the Department of the Interior to develop a plan that would meet the Nation’s water needs and manage the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of waster from the Lower Basin Colorado River mainstream in Arizona v. California , and (2) whether the Nation can state a cognizable claim for breach of trust, consistent with the United States v. Jicarilla Apache Nation Supreme Court decision, based solely on unquantified implied rights to water under the Winters Doctrine. Topic: Water Rights Issue: whether the Bankruptcy Code Expresses unequivocally Congress’ intent to abrogate the sovereign immunity of the Indian Tribes. The 1 st Circuit said that it did because tribal governments fall under the definition of “domestic governments” in Section 101(27) of federal law. The 6 th Circuit, however, ruled that tribal sovereignty has not been abrogated in federal bankruptcy law, and the 9 th Circuit ruled that tribal sovereignty was abrogated. This case will resolve this circuit split. Topic: Bankruptcy Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (SCOTUS) Cert granted January 13, 2023; Awaiting Scheduling Slockish v. Department of Transportation Cert Pending Issue: Whether the 9 th Circuit’s mootness ruling on a request for relief after the United States bulldozed a sacred site for the Confederated Tribes and Bands of the Yakama Nation and the Confederated Tribes of Grand Rond, warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting non-parties. Topic: Mootness; Sacred Sites Oklahoma v. Sims (SCOTUS remanded) A case to be aware of: judgement vacated and case remanded for further consideration in light of Oklahoma v. Castro-Huerta Issue: whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country. Topic: Criminal Law Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (United States Court of Appeals, 10 th Circuit) Appeal by the Tribe concerning a contract dispute with Lynn Becker, a non-Indian. Mr. Becker had a contract marketing and developing the Tribe’s mineral resources, and, seven years ago, sued the Tribe in state court for alleged breach of contract for failure to pay percentages of revenue under his contract. The Tribe sued for a preliminary injunction against the state court proceedings. Appeals court holds state court lacks subject-matter jurisdiction absent congressional authorization and reverse for the Tribe. Topics: Employment Contracts; Subject-Matter Jurisdiction
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