No. 20-753

Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2020-12-01
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: agency-deference consent criminal-jurisdiction federal-indian-law federal-jurisdiction indian-country indian-law public-law-280 public-safety retrocession statutory-interpretation tribal-sovereignty
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2021-04-01 (distributed 2 times)
Question Presented (AI Summary)

Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1823 without the Yakama Nation's prior consent required by 25 U.S.C. § 1326?

Question Presented (from Petition)

QUESTION PRESENTED The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a nonIndian is involved in the crime. The question presented is: Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1823 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Docket Entries

2021-04-05
Petition DENIED.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-12
Reply of petitioner Confederated Tribes and Bands of the Yakama Nation filed. (Distributed)
2021-02-26
Brief of respondents Yakima County, Washington, et al. in opposition filed.
2021-01-14
Motion to extend the time to file a response is granted and the time is extended to and including March 1, 2021.
2021-01-13
Motion to extend the time to file a response from January 15, 2021 to March 1, 2021, submitted to The Clerk.
2020-12-16
Response Requested. (Due January 15, 2021)
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Yakima County, Washington, et al. to respond filed.
2020-11-25
Petition for a writ of certiorari filed. (Response due December 31, 2020)

Attorneys

Confederated Tribes and Bands of the Yakama Nation
Ethan Andrew JonesYakama Nation Office of Legal Counsel, Petitioner
Ethan Andrew JonesYakama Nation Office of Legal Counsel, Petitioner
Yakima County, Washington, et al.
Kirk Andrew EhlisMenke Jackson Beyer, LLP, Respondent
Kirk Andrew EhlisMenke Jackson Beyer, LLP, Respondent