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SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion.

From Justice Gorsuch’s opinion:

Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from…

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Author: Matthew L.M. Fletcher

Upper Skagit Indian Tribe v. Lundgren Background Materials

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

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Author: Matthew L.M. Fletcher

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren:

Cert Petition

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

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Author: Matthew L.M. Fletcher

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here:

Cert Petition

Questions presented:

Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways.

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Author: Matthew L.M. Fletcher