SCOTUSBlog: Supreme Court petitions to watch

Law

Friday, September 19, 2008

"The first edition of “Petitions to Watch” for the October 2008 term features cases up for consideration at the Justices’ opening conference of September 29. As always, the list contains the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.

Docket: 07-1109
Case name: Kickapoo Traditional Tribe of Texas v. Texas, et al.
Issue: Whether, under Seminole Tribe v. Florida (1996), the Secretary of the Interior may establish procedures for Indian gaming if a state declines to enter a compact with the Tribe and invokes immunity from suit under the Eleventh Amendment.

Opinion below (5th Circuit)
Petition for certiorari
Brief in opposition (Federal respondent)
Brief in opposition (Texas)
Petitioner’s reply
Amicus brief of Jena Band of Choctaw Indians, et al. (in support of petitioner)

Docket: 07-1372
Case name: Hawaii, et al. v. Office of Hawaiian Affairs, et al.
Issue: Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.

Opinion below (Supreme Court of Hawaii)
Petition for certiorari
Brief in opposition
Petitioner’s reply
Brief amicus curiae of Pacific Legal Foundation (in support of petitioner)
Brief amicus curiae of Commissioner of Public Lands for the State of New Mexico (in support of petitioner)
Brief amici curiae of Washington, et al. (in support of petitioner)

Docket: 07-1410
Case name: United States v. Navajo Nation
Issue: Whether the Court’s prior decision in United States v. Navajo Nation (2003) foreclosed a finding that the government breached fiduciary duties in connection with Indian coal lease amendments.

Docket: 07-1484
Case name: Kemp v. Osage Nation
Issue: Whether, under the Eleventh Amendment, a Native American tribe may seek to enjoin a state from collecting taxes from members employed by the tribe on grounds the entire county in which they reside is “Indian country” under federal law.