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 Monday the Court is closed in observance of the federal holiday. We expect orders from the October 9 Conference on Tuesday morning at 9:30 a.m. The Court will also hear oral arguments on Tuesday and Wednesday, beginning at 10 a.m. On Friday the Justices will meet for their October 16 Conference; our list of “petitions to watch” for that Conference will be available soon.
“Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you’re just a few feet away from the Chief Justice. You know, if you’re sweating, they see you. And, it’s a conversation. And, you know, if you’re looking down at your legal pad the whole time, you’re not going to have that conversation.” […]
Awarded the Peabody Award for excellence in electronic media.
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
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.