No. 18-297

Eric White, et al. v. Barbara D. Underwood, Attorney General of New York, et al.

Lower Court: New York
Docketed: 2018-09-07
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: canons-of-construction federal-indian-law indian-law indian-rights indian-treaty-rights native-american-rights new-york-indians seneca-nation sovereign-immunity state-taxation statutory-interpretation supreme-court-precedent tax-assessment treaty-interpretation tribal-sovereignty
Key Terms:
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Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does New York's assessment and collection of taxes within the Seneca Nation of Indians violate the treaty rights of the Seneca Nation?

Question Presented (OCR Extract)

QUESTION PRESENTED The decision below ruled that New York’s promise to the Seneca Nation of Indians to refrain from assessing taxes “for any purpose whatever, upon any Indian reservation in this state” as memorialized in a treaty and statute should be interpreted to allow New York to assess and collect any taxes it desires within the Seneca Nation of Indians so long as New York claims the taxes will be paid by non-Indians. Does this interpretation directly conflict with this Court’s decision in The New York Indians, 72 U.S. 761 (1866), in which this Court specifically prohibited New York from assessing taxes within the Seneca Nation of Indians, even those to be paid by non-Indians, because that mere assessment violated the ancient rights of the Seneca Nation of Indians as memorialized in treaties and a statute? Does this interpretation violate this Court’s canons of construction governing the interpretation of treaties executed and statutes enacted for the benefit of Indians?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Brief amici curiae of The Seneca Nation of Indians and The Cayuga Nation filed.
2018-10-03
Waiver of right of respondents Barbara D. Underwood, et al. to respond filed.
2018-09-04
Petition for a writ of certiorari filed. (Response due October 9, 2018)

Attorneys

Barbara D. Underwood, et al.
Robert M. GoldfarbNew York State Attorney General's Office, Respondent
Robert M. GoldfarbNew York State Attorney General's Office, Respondent
Eric White, et al.
Paul John Cambria Jr.Lipsitz Green Scime Cambria LLP, Petitioner
Paul John Cambria Jr.Lipsitz Green Scime Cambria LLP, Petitioner
The Seneca Nation of Indians and The Cayuga Nation
Carson Roy CooperLippes Mathias Wexler Friedman, LLP, Amicus
Carson Roy CooperLippes Mathias Wexler Friedman, LLP, Amicus