An Introduction to the

Tribal Supreme Court Project

The Tribal Supreme Court Project works to improve strategy and promote greater coordination in U.S. Supreme Court (SCOTUS) cases that may affect the rights and interests of Tribal Nations. The project is staffed by attorneys from the Native American Rights Fund and the National Congress of American Indians and consists of more than 300 volunteer attorneys, academics, and Tribal representatives from around the nation who specialize in federal Indian Law, Tribal advocacy, and SCOTUS practice. When the project started in 2001, Tribal Nations in the Court were losing a historic low of 80% of their cases.  In contrast, and with the leadership of the project, in the last decade they have  won 70% of their cases.

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25th Anniversary

Tribal Supreme Court Project Celebrates 25 Years

The Project is commemorating 25 years of furthering the interests of Tribal Nations and Native American people before the SCOTUS. As part of the anniversary recognition, the Project released a 25th Anniversary Report that highlights the Project's history and impact, and outlines future goals. The report celebrates the Project's role in defending Tribal sovereignty and shaping legal strategies to protect the rights of Tribal Nations.

Current Term: October Term 2026

Selected Cases that we are Monitoring

A coordinated and structured approach to Tribal advocacy is needed to preserve Tribal sovereignty, jurisdiction, and other rights and interests. The Tribal Supreme Court Project monitors selected Indian Law cases in the SCOTUS and occasionally in the lower courts. While the project works to keep our website up-to-date, please refer to the SCOTUS website for the most recent case information and dates.

Cert Granted

Cert Pending

Cert Denied

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Latest News

Last Updated: 10/26/2026

In Aubol v. Andeavor Logistics, L.P. (26-388) (Federal common law trespass cause of action), Petition filed September 10, 2026. Motion to extend time to file response granted October 8, 2026. Response due December 8, 2026.
In United States Department of Interior v. Shoshone-Bannock Tribes of the Fort Hall Reservation (26-96) (Federal Land Policy and Management Act), Petition filed July 20, 2026. Brief in Opposition of Respondent filed October 21, 2026.
In King v. United States (26-5700) (Indian status), Petition filed September 24, 2026. Waiver of Respondent filed October 2, 2026. 10/08/2026 - Distributed for Conference of November 6, 2026.
In J.R. Simplot Company, LLC v. Shoshone-Bannock Tribes of the Fort Hall Reservation (26-109) (Federal Land Policy and Management Act), Petition filed July 20, 2026. Brief in Opposition of Respondent Shoshone-Bannock Tribes of the Fort Hall Reservation filed October 21, 2026.
In Jones v. United States (26-515) (Fourth Amendment), Petition filed October 12, 2026. Response due November 16, 2026.
In Republican National Committee v. Mi Familia Vota, et al. (25-1017) and Petersen, et al. v. Mi Familia Vota, et al. (25-1019) (State voter / Election laws and National Voter Registration Act), Petitions granted June 29, 2026. Brief for Petitioner and briefs for Respondents filed August 28, 2026. Reply brief of Respondents filed October 13, 2026. 09/04/2026 - Set for argument on December 8, 2026.
In W6LS, Inc., dba WithU and WithU Loans v. Harris (26-467) (Federal Arbitration Act), Petition filed October 5, 2026. Response due November 6, 2026.
In Wahpekeche v. Rogers (26-5447) (Tribal jurisdiction), Petition filed August 26, 2026. 10/15/2026 - Distributed for Conference of November 6, 2026.
In North American Derivatives Exchange, Inc., dba Crypto.com v. Nevada (26-344) (Commodity Futures Trading Commission), Petition filed September 11, 2026. Motion to extend time to file response granted October 8, 2026. Response due November 16, 2026.
In Teck Metals Ltd. v. Confederated Tribes of the Colville Reservation (26-130) (Comprehensive Environmental Response, Compensation, and Liability Act), Petition filed July 24, 2026. Brief in Opposition of Respondent filed August 26, 2026. Reply brief of Petitioner filed September 9, 2026. 09/09/2026 - Distributed for Conference of September 28, 2026. 10/05/2026 - The Solicitor General is invited to file a brief in this case expressing the views of the United States.
In Robinhood Derivatives, LLC v. Dreitzer (26-338) (Commodity Futures Trading Commission), Petition filed September 10, 2026. Motion to extend time to file response granted October 9, 2026. Response due November 13, 2026.
In Perez v. City of San Antonio (26-15) (First Amendment religion clauses), Petition filed June 26, 2026. 07/30/2026 - Response requested. Motion to extend time to file response granted September 9, 2026. Response due October 30, 2026.
In Flaherty v. KalshiEx, LLC (26-299) (Dodd-Frank Wall Street Reform and Consumer Protection Act), Petition filed September 2, 2026. Motion to extend time to file response granted September 22, 2026. Response due November 9, 2026.
Calendar of Selected Upcoming Dates

View hearing dates, filing deadlines, and new cert review announcements.

Current Term

Selected Cases of Interest

The Tribal Supreme Court Project also notes selected cases of interest at SCOTUS and lower courts. Current cases:

    Decided:

  • Hastings College Conservation Committee, et al. v. California (25-1231) (Contract and Bill of Attainder Clauses), Petition filed April 27, 2026. Petition for a writ of certiorari denied October 19, 2026.

    • Pending:

    • Jouppi v. Alaska (25-246) (U.S. Constitution Eighth Amendment Excessive Fines Clause), Petition granted July 20, 2026. Tribal amicus briefs filed October 13, 2026. 09/04/2026 - Set for Argument on December 1, 2026.
    • Nebraska v. Colorado (22O161) (Interstate water compact), Motion to file bill of complaint granted June 29, 2026. Answer to Bill of Complaint and Counterclaim Complaint of Colorado filed September 28, 2026. Motion of Colorado to dismiss filed September 28, 2026. Motion to extend time to file responses granted October 2, 2026. Responses due November 9, 2026.
    • Odom v. Oklahoma (26-502) (Child deprivation and U.S. Constitution Fifth Amendment privilege against self-incrimination), Petition filed August 28, 2026. Response due November 16, 2026.

    • Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County (25-170) (Preemption of state law claims for relief from injuries of climate change and SCOTUS jurisdiction), Petition granted February 23, 2026. Tribal amicus briefs filed May 21 and August 3, 2026. Argued on October 5, 2026.
    • United States v. Ruiz (10th Cir. No. 24-2128) and United States v. Hebert (10th Cir. No. 24-7030) (consolidated) (General Crimes Act, 18 U.S.C. § 1152, and non-Indian status). En Banc opinion issued October 14, 2026.
Click here to shop limited edition 25th anniversary merchandise. Photo of tshirt and mug with project logo.

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