News and Insights

Jenner & Block Secures Supreme Court Victory Protecting Tribal Sovereignty in Gaming Compact Challenge

Jenner & Block represented client Shoalwater Bay Tribe in a significant victory for Tribal sovereignty, in which the United States Supreme Court denied certiorari in RunItOneTime LLC v. United States, bringing a conclusive end to a challenge threatening tribal gaming compacts across Washington state....READ MORE

Jenner & Block Files Amicus Brief on Behalf of the Fort Mojave Indian Tribe Urging SCOTUS to Protect Tribal Sovereignty

Jenner & Block filed an amicus brief before the Supreme Court of the United States on behalf of the Fort Mojave Indian Tribe in South Point Energy Center LLC v. Arizona Department of Revenue. The brief calls on the Court to reverse Arizona court rulings that upheld more than $20 million in state property taxes on a power plant constructed and operated by South Point Energy Center, LLC, on the Tribe’s reservation under a lease between the Tribe and South Point regulated by the US Department of th...READ MORE

US Supreme Court Rules Native American Tribes to Receive Reimbursement for Healthcare Administration Costs

The US Supreme Court ruled in favor of Jenner & Block’s client, the Northern Arapaho Tribe, confirming that Native American tribes should be reimbursed by the Indian Health Services (IHS) for certain “contract support costs” — the overhead costs for tribe-provided health care....READ MORE

Amicus Brief Outlines Dangers of California’s Internet Age-Estimation Requirement

Following our amicus brief critiquing the California Age-Appropriate Design Code Act (CAADCA) at the trial level, an appellate team continues its fight against the law at the Ninth Circuit....READ MORE

New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act (FCA) and its qui tam provisions, which authorize whistleblowers to bring federal civil rights enforcement against entities who “defraud the United States by taking its money while knowingly violating civil rights laws.” This multi-component initiative, co-led by the Fra...READ MORE

Potential Impacts of Chevron’s Overruling on Tribal Interests

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off a wave of litigation across multiple areas of the law. However, it remains an open question of how drastic an impact this decision will have on tribal interests. Because the Indian canon of construction already requires construing ambiguous statutes in favor of tribes, t...READ MORE

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v. Minority Business Development Agency

On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services to members of “socially or economically disadvantaged” communities.[1]In Nuziard v. Minority Business Development Agency (“Nuziard”),[2]the court held that the Act violates the equal protection guarantees of the Fifth Amendment by presuming that members of certain racial and...READ MORE