Petition this week

This week, we focused on asking the Supreme Court to consider whether the Penobscot State has regulatory authority over the Penobscot River or only certain islands in the river, and how to broadly interpret the combatant service exception. Apply for the Federal Tort Claims Act.

Control the Penobscot River, Maine

exist Penobscot Nation v Frey and United States v. Frey, Two cases require the Supreme Court to review the collective ruling of the U.S. Court of Appeals for the First Circuit on the power of Penobscot River in Maine. Both petitions detail the history of the relationship between the Penobscot nation and various governments, from the Massachusetts colonists to the Maine Indians Claim Settlement Act and the Maine Implementation Act of the 1970s. MIA uses “Islands in the Penobscot River” to refer to the “Penobscot Indian Reservation.” The MIA also provides for the rights of fishing, hunting, and trapping “within the respective Indian reservations”, although Maine has any legal provisions.

In the petition, Penobscot Nation and the U.S. Attorney General stated that countries under the bill have the right to supervise the Penobscot River. Practice has proved that, for example, Penobscot game administrators, not state game administrators, patrol the river. In 2012, Maine claimed the right to the river, on the grounds that the country’s fishing, hunting and trapping rights are specifically related to the “islands” in the river, rather than the river itself. The First Circuit agreed with Maine’s opinion that the “island” in MIA only includes land, not water. The petition insisted in the argument that the First Circuit made a mistake in interpreting the “island” in isolation and failed to resolve historical or background issues. Although the circuit split was not proposed, the petition indicated that the issue may affect other Maine tribes.

Fighter service exceptions under the Federal Tort Claims Act

Midwest Air Traffic Control Service, Inc. v. Badilla In 2010, a civilian cargo flight crashed near Kabul International Airport in Afghanistan, killing all 8 people on board. The properties of the six victims sued the Midwest Air Traffic Control Bureau, a contractor that provided air traffic services for the US military operations in Kabul. The estate claimed that the contractor was negligent, including failing to instruct the pilot to maintain a “safe and proper separation” from the surrounding terrain.The district court dismissed the case based on exceptions to combatant activities Federal Tort Claims Act, It is forbidden to claim that “caused by the combat activities of the army or naval forces…during the war”. However, the US Court of Appeals for the Second Circuit reversed the decision on the grounds that the exception did not apply because the military was not on the scene and it did not issue specific instructions to the contractor to force it to issue instructions to the contractor. pilot.

White House documents related to the January 6th Capitol attack

As Emi Howe reported SCOTUS blog, Former President Donald Trump has asked judges to block the release of the White House records to the Congressional Committee investigating the January 6th U.S. Capitol attack on the grounds of executive privileges, separation of powers, and the Presidential Records Act. The lower court did not agree.The situation is Trump v. Thompson.

These and others Petition this week as follows:

Flowers v. America
21-835
problem?Whether behaviors consistent with legal or illegal behaviors and behaviors frequently participated by law-abiding members of the general public can establish reasonable suspicion and justify stopping Terry v. Ohio Just because it happened in an area with a high crime rate.

Bohanon v Lawrence
21-837
problem: Whether and under what circumstances the Federal Court of Appeals has jurisdiction over the immediate appeal of a summary judgment order denied by a district court of qualified immunity.

Penobscot Nation v Frey
21-838
problem: Does the Maine Indian Settlement Act-consistent with the Supreme Court’s statutory interpretation and Indian building code precedent-codify the Penobscot Nation, the United States, and Penobscot reservations including the state? The history of the backbone is understood by Penobscott River.

United States v. Frey
21-840
problem: Does the Penobscot Indian Reservation only include the highlands of the islands in the mainstream of the Penobscot River, or the surrounding rivers, where the Penobscot people have been fishing and hunting since ancient times? And trapped.

Midwest Air Traffic Control Service, Inc. v. Badilla
21-867
problem: Whether the infringement claims under state law stem from the interests embodied by the unique federal interests of military operations Federal Tort Claims ActExceptions are made for combat activities.

Trump v. Thompson
21-932
problem: The House Special Committee’s request to investigate whether the records of the US Capitol attack on January 6 violated the U.S. Constitution or the law, giving former President Donald Trump the right to obtain a preliminary injunction prohibiting the provision of records to the committee.