The Nation filed its appeal to the U.S. Supreme Court Oct. 22, the day Associate Justice Sonia Sotomayor set as the extended deadline for Chief Red Eagle’s new administration.
“This is a normal, first step in the process of requesting a hearing before the U.S. Supreme Court,” said Chris White, director of intergovernmental affairs for the Nation. “No further statements are planned at this time.”
The 38-page appeal and accompanying 73-page appendix will be the Nation’s hopes in swaying the Nation’s high court to hear its case. At question is whether the state of Oklahoma has the right to tax Osage tribal members who work and live on the Osage reservation and what those boundaries are.
Representing the Nation in its case is Patricia Millett of Washington D.C.-based firm Akin Gump Strauss Hauer & Feld LLP. Millett co-heads the firm’s Supreme Court practice and has argued 28 cases before the Supreme Court, according to the firm’s Web site. From August 1996 to September 2007, Millett served as an assistant to the solicitor general in the Office of the Solicitor General at the U.S. Department of Justice, in Washington, D.C. During that time she argued 25 cases before the U.S. Supreme Court and she briefed more than 50 cases.
According to the Supreme Court’s Web site, the justices are recessed until Nov. 1 in which they will be hearing cases until June 27, in which time the Nation’s case could be selected. The Supreme Court hears cases for two weeks and recesses for two weeks.
The Supreme Court hears about 10,000 cases per year and of those chosen approximately 100 are selected to hear oral arguments from attorneys, according to the site. In only about 80 to 90 cases are formal written opinions delivered. Approximately 50 to 60 additional cases are disposed of without granting plenary review.
Click here to view the Nation’s appeal: Osage Nation appeal to U.S. Supreme Court
Click here to view the appendix to the appeal: Appendix to Osage Nation appeal to U.S. Supreme Court