WordPress.com

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?

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.

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?

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.