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Thursday, June 27, 2019

Carpenter V Murphy Decision TODAY. Biggest Indian Rights Law Case UPDATE CAN KICKED

SUPREME COURT RULES The Chief has just announced that Carpenter v. Murphy will be restored to the calendar for reargument next term.  WHAT THE F**K??  The oldest case on the docket and they kick the can down the road on the last day?

While UNUSUAL, Citizens United was reheard as was one other case this term, KNICK v Township of Scott
 


Reports awaiting decision on Carpenter v. Murphy


Anticipation has been building on this treaty rights  case for months. Oral arguments in Carpenter v. Murphy took place on November 27, 2018, making it the oldest case on the docket without a decision.   The decision will be TODAY, the last day for this session of the court.

Indianz.com has the full story.  RUTH BADER GINSBURG IS THE WILD CARD



The consensus 
Of several experts contacted by Indianz.Com, all of them offered basically the same prediction. With Justice Neil Gorsuch, who has one of the most extensive (and favorable) records in Indian law in history, out of the picture, they believe the remaining eight members of the Supreme Court will be unable to reach a clear decision in Murphy.

Such an outcome would in fact represent a positive outcome. A deadlock in the case means the 10th Circuit Court of Appeals decision upholding the Indian Country status of the Muscogee (Creek) Nation's homelands in Oklahoma would stand.

“With Justice Gorsuch recused, I am hoping for a 4-4 party-line split that will operate to affirm the Tenth Circuit’s decision," said Gabe Galanda, an attorney who belongs to the Round Valley Indian Tribes.

2 comments:

Sandbox said...

Why is Justice Gorsuch out of the picture ?

dong said...

Of several experts contacted by Indianz.Com, all of them offered basically the same prediction. With Justice Neil Gorsuch, who has one of the most extensive (and favorable) records in Indian law in history, out of the picture, they believe the remaining eight members of the Supreme Court will be unable to reach a clear decision in Murphy.
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