Issue: (1) Whether Montana v. United States applies on tribal land, as this Court
suggested in Nevada v. Hicks, or whether this Court acquiesces in the
Ninth Circuit’s contrary decision in Water Wheel Camp Recreation Area v. LaRance; (2) whether a non-tribal member consents to tribal
jurisdiction under Montana even when that
“consent” comes in the form of a contract with
a tribal corporation which expressly provides
that disputes will be resolved through binding
arbitration, not in tribal court, and where the
tribal enterprise has expressly waived its
sovereign immunity to permit arbitration; (3) whether intangible contract rights of a Nevada
corporation located on federal land are held in
trust for the Tribe and thus subject to the
Tribe’s eminent domain powers because they
relate to activities on tribal land; and (4) whether the bad-faith exception to National Farmers Union Insurance Company v. Crow Tribe of Indians exhaustion requires a showing that
the tribal court acted in bad faith, or whether it is
sufficient to demonstrate that the Tribe’s
governing council did so and
that the Tribe’s judiciary lacked judicial
On Tuesday the Justices met for their November 24 Conference. The December sitting will begin on Monday, November 30. The hearing list for the December sitting is here.
Zubik v. Burwell Does the availability of a regulatory method for nonprofit religious employers to comply with the HHS contraceptive mandate eliminate the substantial burden on religious exercise in violation of RFRA that the Court recognized in Burwell v. Hobby Lobby Stores, Inc.?
Whole Woman’s Health v. Cole Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health - or any other valid interest.
Evenwel v. Abbott Does the "one-person, one-vote" principle require states to use voter population, as opposed to total population, when drawing state legislative districts?
Hines v. Alldredge Whether restrictions on occupational speech are subject to First Amendment scrutiny, or only rational-basis review.
Paske v. Fitzgerald (1) Whether the rule in USPS Bd. of Governors v. Aikens applies to the evaluation of a discrimination claim at summary judgment; and (2) whether a plaintiff claiming discrimination is required to prove, as an element of a prima facie case, that he or she was treated less favorably than a “nearly identical” “similarly situated” individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as “stringent,” “strict,” and “demanding.”
Puerto Rico v. Franklin California Tax-Free Trust Whether Chapter 9 of the federal Bankruptcy Code, which does not apply to Puerto Rico, nonetheless preempts a Puerto Rico statute creating a mechanism for the Commonwealth's public utilities to restructure their debts.
Chief Justice John Roberts says, “‘History didn’t end in 1965.’ But, what he misses is that voter suppression didn’t end in 1965, either . . . . This particular part of the Voting Rights Act that he didn’t like, Section 5, it blocked 3000 discriminatory voting changes from 1965 to 2013.” In this excerpt from the four-part GOVERNINGWorks interview, Ari Berman […]
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Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
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