"Earlier this year, the Oneida Indian Nation successfully persuaded the Supreme Court to GVR a case that most observers would agree the Nation would have a difficult time winning — by informing the Court of changed circumstances, initiated by the Nation, that effectively mooted the case. This is all detailed in Kaighn Smith’s new article in this month’s edition of the Federal Lawyer.

Right now it is rare for the Supreme Court to grant a case and then change its mind. Occasionally, the parties force the Court to dismiss a granted petition by agreeing to settle the matter or if one of the parties walks on (in cases like criminal cases).

Tribal advocates in recent years have openly feared the Supreme Court, which appears very hostile to their clients’ interests (and the stats are in strong agreement). The Oneida effort to moot the case in light of a likely bad outcome raises a few other questions about strategic behavior before the Court."

Get the Story:
Supreme Court Oral Argument, Judicial “Tipping”, and Pre-Decision Dismissal (Turtle Talk 3/30)