Kurt Kanam v. Doug Burgum, Secretary of the Interior, et al.
AdministrativeLaw
Whether the Supreme Court can review administrative tribal recognition under the List Act and determine the appropriate judicial remedy for lack of administrative procedures
This case concerns whether the Federally Recognized Indian Tribe List Act (“List Act”) of 1994, still has judiciary branch tribal recognition or whether it could be removed from the “List Act” administratively without a rule or guideline. The questions presented are: 1. Whether the way to effectuate judiciary branch tribal recognition is through Writ of Mandamus or Declaratory and Injunctive Relief, because the agency admitted it does not have administrative procedures for judiciary branch tribal recognition. 2. Whether the Supreme Court accepts because the previous rulings in Kanam v. Haaland, No. 225197, 2023 WL 3063526, at *1 (D.C. Cir. Apr. 25, 2023), were void for lack of jurisdiction. (ii)