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Supreme Court Ruling Supports Tribal Healthcare Funding and Self-Determination

By Heidi McNeil Staudenmaier and Kelsey Haake  In a momentous decision on June 6, 2024, the U.S. Supreme Court delivered a resounding victory for Native American tribes. The Court ruled that the Indian Health Service (IHS)...more

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Supreme Court Determines Section 106(a) of the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native...more

Arizona Taxation of Tribal Work Performed Under Federal Contracts Upheld by U.S. Supreme Court Precedent

A three-panel Arizona Court of Appeals ("the panel”) unanimously ruled on January 10, 2023, that, under U.S. Supreme Court precedent, the gross proceeds from work performed under federal contracts on Native American...more

Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code...more

Ninth Circuit Holds California Negotiated State-Tribal Gaming Compacts in Bad Faith

On July 28, the Ninth Circuit Court of Appeals (“Court” or “Ninth Circuit”) issued a significant decision addressing the Class III gaming compact negotiation process between a state and a tribe as required by the Federal...more

Supreme Court Holds State Has Concurrent Criminal Jurisdiction Over Non-Indians in Indian Country

In a 5-4 decision, the United States Supreme Court ruled in Oklahoma v. Castro-Huerta, on June 29, that the Federal Government and the State have concurrent jurisdiction to prosecute non-Indians who commit crimes against...more

Divided Supreme Court Says Texas Cannot Regulate Tribe’s Electronic Bingo

In a 5-4 vote on Wednesday, June 15, the United States Supreme Court resolved a longstanding dispute about the ability of Texas to control gaming conducted by the Ysleta del Sur Pueblo Tribe (the “Tribe”). The case...more

Crimes Committed on Tribal Land May Be Subjected to Being Prosecuted Twice

In a 6-3 decision, the United States Supreme Court ruled that a Native American defendant who was previously prosecuted in a special federal administrative tribal court can be charged in a federal court for the same incident...more

First Circuit Joins the Ninth Circuit by Holding That Section 106(a) of the Bankruptcy Code Waives Tribes’ Sovereign Immunity

Deepening a split of circuits, the First Circuit Court of Appeals held that the Bankruptcy Code waived the sovereign immunity of Native American Tribes. The May 6, 2022 opinion by Judge Sandra L. Lynch sided with the Ninth...more

Arizona Supreme Court Confronts Applicability of State Ad Valorem Tax on Tribal Land

On April 26, 2022, the Arizona Supreme Court issued a significant unanimous decision addressing the applicability of a state ad valorem property tax on a power plant located on Indian land. The Arizona Supreme Court held that...more

Alaska Native Corporations Are Considered Indian Tribes Under the Indian Self-Determination and Education Assistance Act

On June 25, in a 6-3 decision, the Supreme Court held that Alaska Native Corporations (“ANCs”), are entitled to COVID-19 relief funds; solidifying that ANCs qualify as tribes. The ruling in Yellen v. Confederated Tribes of...more

U.S. Supreme Court Denies Review of County’s Tax Dispute With Cayuga Nation

On June 7, 2021, the United States Supreme Court denied Seneca County’s (New York) petition for certiorari, thus leaving in place the Second Circuit’s decision in Cayuga Indian Nation of New York v. Seneca County, New York,...more

U.S. Supreme Court Issues Unanimous Decision Supporting Tribal Sovereignty Rights

On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more

U.S. Supreme Court Rules That States May Conduct Sports Betting

After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more

Supreme Court to Review Tribal Jurisdiction Case that Could Impact Doing Business in Indian Country

In its next term, the United States Supreme Court will hear its first case addressing the limits of tribal jurisdiction in seven years, having granted a petition for a writ of certiorari to Dolgencorp and its parent company,...more

Office of the Solicitor Issues Carcieri “Fix” Opinion

In response to the United States Supreme Court’s ruling in Carcieri v. Salazar, 555 U.S. 379 (2009), the Office of the Solicitor for the United States Department of the Interior issued a memorandum opinion on March 12, 2014,...more

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