Indian Law Bulletins Updated 10/22/2025

Federal Courts Bulletin

• Rourke-Rodriguez and Swamp v. United States Department of Education, et al. (Administrative Procedure Act (APA); Jay Treaty; Higher Education Act)
• Winnemucca Indian Colony v. United States (Trust Relationship)
• California v. Del Rosa, et al. (Prevent All Cigarette Trafficking Act (PACT Act); Sanctions)

State Courts Bulletin

• In re K.F., T.F., and P.H., Minors (Indian Child Welfare Act)
• Bertrand v. State (Criminal Jurisdiction; Tribal Membership)

Law Review & Bar Journal Bulletin

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• Citizenship and empire in Elk v. Wilkins.
• Stolen streams: Tribal water rights and judicial takings.

News Bulletin

This week, in brief:

• Great Lakes Tribes file brief with U.S. Supreme Court in Line 5 Straits of Mackinac case
• For the first time in its history, St. Croix Chippewa release sturgeon
• Pennsylvania lawmaker pushes to ban Native American mascots in public schools
• Five Tribes announce the formation of a New Chuckwalla National Monument Intertribal Commission
• SCOTUS hears arguments in pivotal challenge to Voting Rights Act

Announcements

• The Native American Rights Fund is hiring a Staff Attorney in the Alaska office. Learn more about the vacancy on our website.

Indian Law Bulletins Updated 10/15/2025

Federal Courts Bulletin

• Meilstrup v. Standing Rock Sioux Tribe, et al. (Employee Retirement Income Security Act of 1974 (ERISA); Tribal Sovereign Immunity)

State Courts Bulletin

• In re Claudia R. (Indian Child Welfare Act)
• Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians (Tribal Sovereign Immunity)

U.S. Legislation - 119th Congress Bulletin

• H.R.5739 - To prohibit Federal funds from being provided to any State or local government that celebrates Indigenous Peoples Day instead of Columbus Day, and for other purposes.
• H.R.5757 - To provide appropriations for certain tribal programs during a period of a lapse in discretionary appropriations, and for other purposes.
• S.Res.450 - A resolution expressing support for the designation of the second Monday in October 2025 as "Indigenous Peoples' Day" to celebrate and honor Indigenous Peoples and their shared history and culture.
• H.Res.794 - Recognizing the week of September 30th as "National Orange Shirt Week" or "National Week of Remembrance", which aims to honor those who were forced to attend Indian boarding schools, and to recognize the experience of Indian boarding school victims and survivors.
• H.Res.809 - Expressing support for the designation of the second Monday in October 2025 as "Indigenous Peoples' Day" to celebrate and honor Indigenous Peoples and their shared history and culture.

Law Review & Bar Journal Bulletin

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• Diluting the defense of property: Flawed decision in Navajo Nation v. Urban Outfitters emphasizes need for new standard in the federal circuit.
• The exception, not the rule: Using the corporate duty of loyalty to protect Alaska Native subsistence.
• New originalism and the Indian canon of construction in "bad men" clause jurisprudence.
• Regulatory takings on the reservation: Energy development on Tribal land and the mismanagement of the permitting process.

News Bulletin

This week, in brief:

• ‘It’s no longer being covered up and denied’: Discovering Oregon’s hidden Native American boarding school history
• Sioux descendants file lawsuit against U.S. for federal recognition, monetary damages over land
• For Tribal governments, AI holds unique promise and risks
• The quest to restore what was lost for Indigenous People in Colorado
• Menominee County property owners argue land can’t be transferred to Tribal trust

Announcements

• The Native American Rights Fund is hiring a Staff Attorney in the Alaska office. Learn more about the vacancy on our website.

Indian Law Bulletins Updated 10/8/2025

U.S. Supreme Court Bulletin

One petition for certiorari was filed 9/29/25:

• Stroble v. Oklahoma Tax Commission (25-382) (State Taxation in Indian Country)

Three petitions for certiorari were denied 10/6/25:

• RunItOneTime LLC (fka Maverick Gaming LLC) v. United States (24-1161) (Rule 19 and Administrative Procedure Act (APA))
• Stitt v. City of Tulsa (25-30) (State Criminal Jurisdiction in Indian Country)
• Unkechaug Indian Nation v. Lefton (24-1240) (Daubert Issues; Treaty Claims)

One petition for rehearing was denied 10/6/25:

• Apache Stronghold v. United States (24-291) (Religious Freedom)

Federal Courts Bulletin

• Modoc Nation, et al. v. Shah, et al. (Tribal Sovereign Immunity; Official Immunity)
• Silva, et al. v. Farrish, et al. (Aboriginal Rights to Fish; Regulatory Purpose)
• Benally, et al. v. United States Office of Navajo and Hopi Indian Relocation (Equal Access to Justice Act; Attorney’s Fees; Tribal Legal Services)
• Koenig v. Keweenaw Bay Ojibwa Community College, et al. (Tribal Sovereign Immunity; Arm of the Tribe; Official Capacity)

State Courts Bulletin

• Morris v. Board of Bar Examiners (Tribal Sovereignty)
• Kia‘i Wai O Wai‘ale‘ale v. Board of Land and Natural Resources (Native Hawaiian Traditional and Customary Rights)

U.S. Legislation - 119th Congress Bulletin

• H.R.5682 - To take certain land in the State of California into trust for the benefit of the Pechanga Band of Indians, and for other purposes.
• H.R.5694 - ARTIST Act / Alaska’s Right To Ivory Sales and Tradition Act / To amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and marine mammal ivory products, and for other purposes.
• H.R.5696 - To improve Tribal self-governance by streamlining appraisals for on-reservation trust land acquisitions by Indian Tribes with self-governance realty programs.
• H.Res.787 - Expressing support for the designation of September 2025 as "Hawaiian History Month" to recognize the history, culture and contributions of Native Hawaiians and reaffirm the United States Federal trust responsibility to the Native Hawaiian community to support their well-being.

Law Review & Bar Journal Bulletin

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• The Antiquities Act: A case of nominative determinism?
• From one stolen generation to another: Replicating Trevorrow in American courts.
• Judicial relief isn’t enough: How federal protection of Native American cultural landscapes limit religious freedoms.
• The unconstitutional impact of anti-transgender legislation on Native Hawaiians.

News Bulletin

This week, in brief:

• Indigenous environmental advocates say data centers risk water, culture and informed consent
• Supreme Court declines to hear Native American fight to save sacred site threatened by copper mine
• Tribes hail U.S. Supreme Court dismissal of Maverick Gaming’s lawsuit attacking sovereignty
• Indigenous Nations plan a tariff-free trade corridor across the US-Canada border
• How the federal shutdown impacts Indian Country

Announcements

• The Native American Rights Fund is hiring a Staff Attorney in the Alaska office. Learn more about the vacancy on our website.