Whether Congress exceeded its authority under the Constitution by enacting the Major Crimes Act, 18 U.S.C. §1153, as applied to crimes committed by Indians against Indians on tribal land, without the consent of the tribes

QUESTIONS PRESENTED 1. Whether Congress exceeded its authority under the Constitution by enacting the Major Crimes Act, 18 U.S.C. §1153, as applied to crimes committed by Indians against Indians on tribal land, without the consent of the tribes. 2. Whether the legal standard of review, under the Fifth Amendment Due Process Clause, for legislation affecting Indians includes consideration of Congress’ stated purpose behind the legislation and consideration of whether the legislation conforms to the trust obligations toward Native nations. ii RULE 14.1(B)(iii) STATEMENT OF RELATED CASES United States District Court (D. Idaho): United States v. Gordon, No. 3:21-CR-00305-DCN (Dec. 1, 2022). United States Court of Appeals (9"" Cir.): United States v. Gordon, No. 22-30198 (Nov. 20, 2023).