Petition of the day
The petition of the day is:
United States v. Samish Indian Nation (Granted )
Issue(s): (1) Whether the Tucker Act, 28 U.S.C. § 1491(a)(1), or Indian Tucker Act, 28 U.S.C. § 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation; and (2) whether the United States may be required to pay damages for failing to provide an Indian tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Jul. 9, 2012, 11:37 PM), http://www.scotusblog.com/2012/07/petition-of-the-day-309/