Good morning –
I wanted to alert you all to the fact that IMLA will be filing an amicus brief in the McGirt v. Oklahoma case, which I’m sure as you all know is hugely important to our Oklahoma members. I am forwarding my note to our legal advocacy committee informing them of this as well as attaching the original summary of the Royal (later Sharp). v. Murphy case, which the Supreme Court heard last term and failed to decide on this same issue.
Please let me know if you have any questions for me on this.
Happy holidays.
Amanda
[photo]
Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
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P (202) 466-5424 ext. 7116
W www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!
IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
From: La <la-bounces@lists.imla.orgmailto:la-bounces@lists.imla.org> On Behalf Of Amanda Kellar
Sent: Wednesday, December 18, 2019 7:34 PM
To: 'la@lists.imla.org' <la@lists.imla.orgmailto:la@lists.imla.org>
Subject: [IMLA Legal Advocacy] Two New Supreme Court Merits Cases
I wanted to let you all know about two new Supreme Court merits cases that IMLA will plan on participating in based on past participation in these cases. I don’t need you all to weigh in unless you object to our continued participation, in which case, please let me know.
The first case is City of Chicago v. Fulton, and the issue in this case is whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362https://casetext.com/statute/united-states-code/title-11-bankruptcy/chapter-3-case-administration/subchapter-iv-administrative-powers/section-362-automatic-stay, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition. This is a case in which IMLA participated at the petition stage and we were happy to support the City of Chicago in getting the Court to grant certiorari. I have attached my original memo on the case for your reference.
The second case is McGirt v. Oklahoma. The issue in this case is whether the prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries is subject to exclusive federal jurisdiction. This is essentially the same issue the Court considered last term in Sharp v. Murphy and the Court failed to decide Sharp last term likely due to the fact that Justice Gorsuch was recused from that case. (The Justices were presumably split 4-4). But instead of issuing an opinion that the Justices were divided 4-4, the Court stated that it was ordering reargument in Sharp for this 2019 term but they have failed to schedule that case for argument. Now that the Court has granted McGirt with virtually the same issue and in a case where Justice Gorsuch is not recused, the Court is likely to resolve the issue. My memo in the Sharp (formerly Royal) case is attached as well. This case is hugely important for our Oklahoma members as you’ll see in the attached.
The Court also granted cert. in a Fourth Amendment case that I’ll send to you for your approval later this week.
Amanda
[photo]
Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image003.jpg@01D5B5D8.45114220]http://www.facebook.com/IMLA-259977855541/ [cid:image004.jpg@01D5B5D8.45114220] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image005.jpg@01D5B5D8.45114220] http://twitter.com/imlalegal [cid:image006.jpg@01D5B5D8.45114220] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116
W www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!
IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!