What is the Tribal Supreme Court Project?

The Tribal Supreme Court Project (TSCP or Project) is a joint project between the Native American Rights Fund, (NARF), www.narf.org, and the National Congress of American Indians (NCAI), www.ncai.org. During its October 2000 Term, the Supreme Court of the United States (SCOTUS) issued two opinions: Atkinson Trading Co. v. Shirley (Tribes lack authority to tax non-Indian businesses on non-Indian fee land within their reservations) and Nevada v. Hicks (Tribal Courts lack jurisdiction to hear cases brought by tribe members against state officials for alleged harm done on trust lands within their reservations). These opinions struck devastating blows to tribal sovereignty and tribal jurisdiction -- the most fundamental elements of continued tribal existence and principles of federal Indian law. The losses indicated the steady departure from and erosion of “[t]he cases in this Court [that] have consistently guarded the authority of Indian governments over their reservations,” including the activities and conduct of non-Indians on reservations. Williams v. Lee (1959).

In response, in September 2001, Tribe Leaders met in Washington, D.C. and established the TSCP as part of a larger Tribal Sovereignty Protection Initiative. The Project’s purposes are to improve strategy and promote greater coordination in SCOTUS cases that may affect the rights and interests of Indian tribes. The Project is staffed by NARF and NCAI attorneys and consists of a volunteer Working Group of over 300 attorneys, academics, and tribal organization representatives from around the nation who specialize in federal Indian law, tribal advocacy, and SCOTUS practice.

What Does the Tribal Supreme Court Project Do?

The SCOTUS is a highly specialized institution with a unique set of procedures that includes complete discretion on whether it will hear a case, and a much keener focus on policy considerations than the lower courts. The TSCP views a coordinated and structured approach to tribal advocacy as necessary to preserve tribal sovereignty, jurisdiction, and other tribal rights and interests. The Project performs the following functions to make better resources, expertise, and tools available to enhance the overall quality and results of tribal advocacy before the SCOTUS:

• In conjunction with the National Indian Law Library (NILL), monitors Indian law cases in the state and lower federal  courts that have the potential to reach the SCOTUS (NILL Indian Law Bulletins)
  
• Maintains a website, https://sct.narf.org/, which contains an on-line repository of briefs and opinions in selected Indian law cases in each SCOTUS current Term
(e.g. https://sct.narf.org/termindexes/october2024.html), and archives the selected cases from previous Terms (e.g., https://sct.narf.org/termindexes/october2023.html)
• Prepares periodic Update Memorandum of Cases which provide an overview of selected Indian law cases each SCOTUS Term and posts the Updates on the website along with sending them directly to Working Group members (Working Group members also are sent timely interim information about selected cases)
  
• Offers assistance to tribe leaders and their attorneys to determine whether to file a Petition for a writ of certiorari to the SCOTUS in cases where they lost in the court below
  
• Offers assistance to attorneys representing Indian tribes to prepare their Brief in opposition at the Petition stage in cases where they won in the court below
  
• Coordinates Amicus briefs at the Petition stage and the Merits stage, including forming specific amicus workgroups to ensure that the briefs receive the maximum attention of the SCOTUS Justices
  
• When appropriate, prepares and submits Amicus briefs on behalf of Indian tribes and tribal organizations
  
• Provides other brief writing assistance, including reviewing and editing of the Petition stage and Merit stage briefs, and the performance of additional legal research
  
• Coordinates and conducts Moot court and other strategy and practice opportunities for attorneys who are presenting Oral argument before the SCOTUS
  
• Conducts and fosters conference calls, virtual meetings, and discussions among attorneys, academics, and advocates nationwide about pending Indian law cases and, when necessary, forms small working groups to formulate strategy on specific issues
• Presents at and attends conferences and events to educate attorneys, academics, tribe leaders, judges, and the public about the Project