"The Supreme Court outcomes aren’t the whole story. The TSCP has been very successful in two areas — organizing amicus brief strategy and getting cert denied in several cases — although the Project is just one player in the process (the OSG, the tribal parties, and others are often as or more important). Last Term’s dismissal of the Madison County petition was a major success.

Bringing in members of the Supreme Court “Bar” has been critical in limiting the damage to tribal interests. David Fredericks’ work, for example, in Plains Commerce Bank may have changed that case from a potential disaster for tribal jurisdiction purposes to a 5-4 heartbreaker (or, a case that really didn’t decide anything). Names matter to the Supreme Court (well, as does quality of advocacy, too, to be sure). Of course, there’s an arms race and tribal interests are now facing the Ted Olsons and Paul Clements of the world, so in some ways its a wash. In fact, this may be a reason why there have been no additions to the First Thirteen American Indians to argue before the Supreme Court since 2001."

Get the Story:
Tribal Supreme Court Project Ten Year Report — And Quick Commentary (Turtle Talk 3/13)