Document Type
Article
Disciplines
Indigenous, Indian, and Aboriginal Law | Supreme Court of the United States
Abstract
In this Essay, as I did at the Connecticut Law Review’s Symposium, I draw on my experience representing Tribes in Haaland v. Brackeen to discuss more broadly the effective presentation of tribal arguments to the Court. I touch briefly on four main topics. First, I discuss how we collaborated with amici to ensure that the Court would have the full context as it considered the issues in Brackeen. Second, I discuss how we thought about preparing for the argument and the particular importance of understanding the practical operation of the Indian Child Welfare Act. Third, I offer a few observations on the oral argument itself, focusing on how the structure of the argument influences the substance of the argument. And fourth, I step back and discuss why this is a particularly interesting and challenging time to argue Indian law cases before the Supreme Court.
Recommended Citation
GERSHENGORN, IAN HEATH, "Haaland v. Brackeen—A Window into Presenting Tribal Cases to the Court" (2024). Connecticut Law Review. 609.
https://digitalcommons.lib.uconn.edu/law_review/609