IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Similar documents
Case 2:15-cv NVW Document 73 Filed 11/02/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:15-cv NVW Document 150 Filed 03/02/16 Page 1 of 5

Case 2:15-cv NVW Document 115 Filed 12/14/15 Page 1 of 5

Case 2:15-cv NVW Document 86 Filed 11/20/15 Page 1 of 15 IN THE UNITED STATES FEDERAL DISTRICT COURT

Case 2:15-cv NVW Document 47 Filed 10/16/15 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:15-cv NVW Document 169 Filed 03/31/16 Page 1 of 14

In the United States Court of Appeals for the Fifth Circuit

Case 1:12-cv BAH Document 28 Filed 01/11/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 1:06-cv JR Document 19 Filed 10/01/2007 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:06-cv JR Document 25 Filed 02/01/2008 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Attorneys for Plaintiff Center for Biological Diversity UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA PRESCOTT DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

6:14-cv KEW Document 26 Filed in ED/OK on 06/17/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Attorneys for Subpoena Respondent Charles Hoskins, Maricopa County Treasurer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Attorneys for Plaintiff Center for Biological Diversity UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA PRESCOTT DIVISION

Case 1:15-cv MV-KK Document 19 Filed 03/22/16 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Vs. Case No: 1:15-cv MV-KK

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No

Case 2:16-cv TLN-AC Document 28 Filed 03/04/19 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 3:12-cv SRB Document 8 Filed 06/06/12 Page 1 of 5

Case 1:14-cv GJQ Doc #34 Filed 04/16/15 Page 1 of 10 Page ID#352 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Supreme Court and Appellate Alert

Case 1:09-cv GJQ-HWB Doc #39 Filed 12/19/13 Page 1 of 12 Page ID#565 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN

Case 6:11-cv CJS Document 76 Filed 12/11/18 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK. Defendant.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Prescott Division


Case 1:12-cv JDL Document 34 Filed 08/06/14 Page 1 of 10 PageID #: 330 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA

Case 4:17-cv O Document 42 Filed 03/26/18 Page 1 of 18 PageID 708

Case ABA Doc 10 Filed 02/10/16 Entered 02/10/16 14:10:34 Desc Main Document Page 1 of 6

DISTRICT OF ARIZONA. to reach agreement by the end of the business day on March 14 th, and some parties were not

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN PLAINTIFF S RESPONSE TO THE DEFENDANTS JOINT MOTION TO DISMISS

COMES NOW San Juan County and moves the Court to defer consideration

In The Supreme Court of the United States

Case 2:16-cr SRB Document 250 Filed 10/16/17 Page 1 of 8

Snell & Wilmer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. Leslie Feldman, et al.,

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SUMNER SQUARE 1615 M STREET, N.W. SUITE 400 WASHINGTON, D.C (202) FACSIMILE: (202) July 30,2008

Case 1:13-cv MMS Document 393 Filed 11/09/17 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOINT MOTION TO ADOPT QUICK PEEK ORDER

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No (1:15-cv GBL-MSN)

Case 2:12-cv JRG Document 403 Filed 08/15/14 Page 1 of 5 PageID #: 17492

Case 1:05-cv TLL-CEB Document 133 Filed 11/03/2008 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

X X X X X X X X X X X X X X X X X X X X X X X X X X X

ORAL ARGUMENT SCHEDULED FOR APRIL 15, 2016 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Case 1:13-cv RMC Document 29 Filed 07/30/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 9:09-cv DWM-JCL Document 32 Filed 04/09/10 Page 1 of 10

Case 1:15-cv MSK Document 9 Filed 06/22/15 USDC Colorado Page 1 of 6

Case 2:13-cv KJM-KJN Document 30 Filed 05/09/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION

Case 5:08-cv D Document 71 Filed 03/24/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 1:12-cv BAH Document 105 Filed 12/22/14 Page 1 of 27

DEPARTMENTAL REGULATION

Case 5:14-cv DMG-DTB Document 110 Filed 08/27/15 Page 1 of 6 Page ID #:925

Case 1:14-cv Document 1 Filed 03/20/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Case No.

In the Supreme Court of the United States. District of Columbia and Mayor Adrian M. Fenty, Petitioners, Dick Heller, et al.

Case 2:16-cv NDF Document 29 Filed 03/23/17 Page 1 of 9

Defendants hereby move for a stay of all case deadlines in the abovecaptioned. 1. At the end of the day on December 21, 2018, the appropriations act

United States Court of Appeals for the Federal Circuit

No In The. MOHAMED ALI SAMANTAR, Petitioner, v.

Case 2:17-cv GMS Document 8 Filed 09/20/17 Page 1 of 3

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 3:13-cv SC Document 39 Filed 01/09/14 Page 1 of 5

X X X X X X X X X X X X X X X X X X X X X X X X X X X

INSTITUTE FOR JUSTICE

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

20. ENFORCEMENT OF ICWA REQUIREMENTS

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. ELOUISE PEPION COBELL, et al., Plaintiffs-Appellees,

Case 3:13-cv EMC Document 276 Filed 09/16/16 Page 1 of 6

No IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT UTE INDIAN TRIBE, MYTON,

Case 1:11-cv BJR Document 86 Filed 10/14/13 Page 1 of 13. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Civil Division

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Plaintiffs, Defendants.

SUMNER SQUARE 1615 M STREET, N.W. SUITE 400 WASHINGTON, D.C (202) FACSIMILE: (202) August 20, 2008

Case 1:13-cv BJR Document 29 Filed 11/18/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:13-cv GJQ ECF No. 58 filed 07/27/15 Page 1 of 9 PageID.1293 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

No. IN THE SUPREME COURT OF THE UNITED STATES. BOB BURRELL and SUSAN BURRELL,

) ) ) ) ) ) ) ) ) Plaintiff, Defendant.

N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S

Case 3:16-cv LRH-WGC Document 92 Filed 11/16/16 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 6:15-cv TC Document 163 Filed 05/22/17 Page 1 of 7

In The Supreme Court of the United States

Attorneys for Vernal City and Uintah County, Defendants

GILA RIVER INDIAN COMMUNITY

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 1:11-cv BJR Document 72 Filed 07/05/13 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Defendants Vance Norton, Anthoney Byron, Bevan Watkins, Troy Slaugh,

No IN THE Supreme Court of the United States. UNITED STATES OF AMERICA, Petitioner, v. BILLY JO LARA, Respondent.

Case 1:15-cv JAP-CG Document 110 Filed 01/12/16 Page 1 of 11

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. GILA RIVER INDIAN COMMUNITY and GILA RIVER HEALTH CARE CORPORATION,

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 769

Transcription:

Case :-cv-0-nvw Document Filed 0// Page of 0 Steven Miskinis JoAnn Kintz Christine Ennis Ragu-Jara Gregg U.S. Department of Justice Environment & Natural Resources Division P.O. Box Ben Franklin Station Washington, D.C. 00- Telephone: (0) 0-0 Email: steven.miskinis@usdoj.gov Attorneys for Federal Defendants IN THE UNITED STATES DISTRICT COURT A.D. and C. by CAROL COGHLAN CARTER, their next friend; S.H. and J.H., a married couple; M.C. and K.C., a married couple; for themselves and on behalf of a class of similarly-situated individuals, DISTRICT OF ARIZONA No. :-CV-0- PHX-NVW FEDERAL DEFENDANTS SECOND NOTICE OF SUPPLEMENTAL AUTHORITY 0 Plaintiffs, v. KEVIN WASHBURN, in his official capacity as Assistant Secretary of BUREAU OF INDIAN AFFAIRS; SALLY JEWELL, in her official capacity as Secretary of Interior, U.S. DEPARTMENT OF THE INTERIOR; GREGORY A. McKAY, in his official capacity as Director of the ARIZONA DEPARTMART OF CHILD SAFETY, Defendants. (Assigned to The Honorable Neil V. Wake)

Case :-cv-0-nvw Document Filed 0// Page of 0 0 Federal Defendants respectfully submit this Second Notice of Supplemental Authority to bring to the Court s attention the January, 0 decision of the U.S. Court of Appeals for the Sixth Circuit in Kelsey v. Pope, No. -, slip op. (th Cir. Jan., 0) (attached as Exhibit ). In an opinion that addressed several issues of relevance to the present case, the Sixth Circuit concluded, inter alia, that a tribe has inherent authority to exercise extra-territorial criminal jurisdiction over its members. The tribal-court defendant had argued that the tribe s criminal authority was either greatly diminished or altogether absent because his purported crime took place outside of Indian country. Id. at. Examining the scope of retained tribal sovereignty, the Sixth Circuit noted that, because of tribes dependent relationship with the United States, Congress wields power consistently described as plenary and exclusive to legislate [with] respect to Indian tribes. However, unless and until Congress acts, the tribes retain their historic sovereign authority. Id. at (citing Michigan v. Bay Mills Indian Cmty., S. Ct. 0, 00 (0)). But whereas Congress affirmed in the Indian Child Welfare Act that tribes retain sovereignty over child-custody proceedings, in Kelsey, the Sixth Circuit grappled with the more difficult question of whether tribes retain sovereignty over criminal matters. Specifically, the question presented to the Sixth Circuit was whether Congress had divested [the Tribe] of its inherent sovereign authority to prosecute members when necessary to protect tribal self-government or See U.S.C. ; Miss. Band of Choctaw Indians v. Holyfield, 0 U.S. 0, () (Rehnquist, C.J., Stevens & Kennedy, JJ., dissenting) (highlighting the jurisdictional provision [] designed primarily to preserve tribal sovereignty over domestic relations ).

Case :-cv-0-nvw Document Filed 0// Page of 0 0 control internal relations. Kelsey, slip op. at. Drawing on Supreme Court and Ninth Circuit precedent, the Sixth Circuit first recognized that tribal jurisdiction derives from membership and extends off reservation. Id. at -0 (citing United States v. Wheeler, U.S. (); Duro v. Reina, U.S. (0); Native Village of Venetie I.R.A. Council v. Alaska, F.d (th Cir. ); and Settler v. Lameer, 0 F.d (th Cir. )). In particular, the Sixth Circuit was persuaded by the Supreme Court s reasoning in Duro that a tribe s authority to prosecute its members is justified by the voluntary character of tribal membership and the concomitant right of participation in a tribal government. Id. at (quoting Duro, U.S. at -) (emphasis in Sixth Circuit opinion). Because the off-reservation offense involved tribal leaders and therefore affected tribal selfgovernment or control of internal relations, the Sixth Circuit further concluded that the tribe had not been divested of such authority. RESPECTFULLY SUBMITTED this th day of January, 0. JOHN C. CRUDEN Assistant Attorney General s/ Steve Miskinis JoAnn Kintz Indian Resources Section Christine Ennis Ragu-Jara Gregg Law and Policy Section U.S. Department of Justice Environment & Natural Resources Div. P.O. Box Ben Franklin Station

Case :-cv-0-nvw Document Filed 0// Page of Washington, D.C. 00- Telephone: (0) 0-0 Email: steven.miskinis@usdoj.gov Attorneys for Federal Defendants 0 0

Case :-cv-0-nvw Document Filed 0// Page of 0 0 CERTIFICATE OF SERVICE I hereby certify that on January, 0, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Attorneys for Plaintiffs: Aditya Dynar Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute 00 East Coronado Road Phoenix, AZ 00 Michael W. Kirk Brian W. Barnes Harold S. Reeves Cooper & Kirk, PLLC New Hampshire Avenue, NW Washington, D.C. 00 Attorneys for Defendant Gregory A. McKay: John S. Johnson Gary N. Lento Joshua R. Zimmerman Dawn R. Williams Melanie G. McBride Office of the Attorney General West Washington Street Phoenix, AZ 00 Attorney for Intervenor Defendant Navajo Nation: Katherine C. Belzowski Navajo Nation Department of Justice P.O. Box 00 Window Rock, AZ

Case :-cv-0-nvw Document Filed 0// Page of 0 0 Attorneys for Movant Gila River Indian Community: Linus Everling Thomas L. Murphy Gila River Indian Community Pima-Maricopa Tribe Law Office P.O. Box Sacaton, AZ Donald R. Pongrace Merrill C. Godfrey Akin Gump Strauss Hauer & Feld LLP New Hampshire Avenue, NW, Suite 00 Washington, D.C. 00 Attorneys for Amici National Indian Child Welfare Association, National Congress of American Indians, and Association on American Indian Affairs: Erin C. Dougherty Matthew N. Newman Native American Rights Fund West Fourth Avenue, Suite 0 Anchorage, AK 0 Paula M. Yost Dentons US LLP Market Street, th Floor San Francisco, CA 0 Samuel Kohn Dentons US LLP 0 K Street, NW, Suite 00, E Tower Washington, D.C. 000 Kathryn E. Fort Michigan State University College of Law, Indigenous Law & Policy Center North Shaw Lane East Lansing, MI

Case :-cv-0-nvw Document Filed 0// Page of 0 0 Samuel F. Daughety Tohono O odham Nation Office of the Attorney General P.O. Box 0 Sells, AZ Attorneys for Amici Casey Family Programs, Annie E. Casey Foundation, Center for the Study of Social Policy, Child Welfare League of America, Children s Defense Fund, Donaldson Adoption Institute, First Focus Campaign for Children, Fosterclub, Generations United, National Center on Adoption and Permanency, North American Council on Adoptable Children, W. Haywood Burns Institute, and National Alliance of Children s Trust and Prevention Funds: Hyland Hunt James E. Tysse Pratik A. Shah Z. W. Julius Chen Akin Gump Strauss Hauer & Feld LLP New Hampshire Avenue, NW, Suite 00 Washington, D.C. 00 Attorney for Amicus Citizens Equal Rights Foundation: Michael Kielsky Kielsky Rike PLC South Lakeshore Drive Tempe, AZ s/ Christine Ennis U.S. Department of Justice Environment & Natural Resources Div. Law & Policy Section P.O. Box Ben Franklin Station Washington, D.C. 00- Telephone: (0) - Email: christine.ennis@usdoj.gov Attorney for Federal Defendants