State argues over arguments in land-into-trust case
Monday, September 8, 2008
Filed Under:
Law
|
Trust
Legal officials in Rhode Island are arguing over who should argue before the
U.S. Supreme Court in an upcoming land-into-trust case
State officials want the high court to overturn a ruling that said the
Interior Department can take land into trust for the
Narragansett
Tribe. The newly acquired land, unlike the tribe's reservation, will not be subject to state jurisdiction.
The town of
Charlestown, represented by its assistant solicitor for Indian affairs, Joseph S. Larisa Jr., started the litigation more than 10 years ago. But
Gov. Donald
Carcieri (R) and
Attorney General Patrick Lynch are claiming a stake in the oral arguments set for November 3.
Carcieri, who hired former Bush administration attorney
Theodore B.
Olson for the case, and Lynch filed motions with the high court to cut Larisa out of the arguments. Larisa responded with a motion that said he should be allowed to speak.
The motions will be considered when the Supreme Court justices meet on September 29, prior to the start of the October 2008 term.
Get the Story:
Supreme rivalries: 3 vie to argue R.I. land case before nation’s high court
(The Providence Journal 9/6)
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Supreme Court Documents:
Docket
Sheet |
Questions
Presented |
Order
List
1st Circuit Decisions:
En
Banc (July 20, 2007) |
Panel
(February 9, 2005)
Briefs and Other Documents:
Carcieri
v. Kempthorne (NARF-NCAI Tribal Supreme Court Project
Relevant Laws:
Rhode
Island Indian Claims Settlement Act (US Code)
Related Stories:
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Court takes
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U.S. Supreme
Court accepts land-into-trust case (2/25)
High court weighs Narragansett land-into-trust
(2/22)
Groups file brief in pending
land-into-trust case (02/06)
Supreme
Court brief backs land-into-trust (1/29)
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