U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such ii jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal selfgovernment, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Case Updates

Cert. petition denied

January 11, 2021

U.S. Chamber files coalition amicus brief asking Supreme Court to review Ninth Circuit decision broadly construing tribal jurisdiction over private lands

April 17, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber, Power County Development Authority, and Bannock Development Corporation. Jeffrey H. Wood of Baker Botts L.L.P. served as co-counsel for the amici.

Case Documents