Indianz.Com > News > 'Childish' fight over land-into-trust arguments

'Childish' fight over land-into-trust arguments
Friday, October 24, 2008
Filed Under: Law | Trust

Officials in Rhode Island are still fighting over who will argue Carcieri v. Kempthorne on November 3.

Laurence Tribe a leading U.S. Supreme Court practitioner, said Theodore B. Olson, a former Bush administration attorney, should represent the state. He said only "childish and selfish" reasons would prevent Olson from arguing the case.

"The obvious solution is for Ted Olson to argue the case. He’s much more experienced … But if they find that unpalatable, they should flip a coin and grow up," Tribe told The Providence Journal.

Joseph Larisa Jr., the assistant solicitor for Indian Affairs for the town of Charlestown, still believes he should present the case but he is willing to do a coin toss. Gov. Donald Carcieri (R) and Attorney General Patrick Lynch only want Olson to argue.

At issue is whether the Narragansett Tribe can acquire land under the Indian Reorganization Act even though the tribe wasn't recognized at the time of the act's passage in 1934. If the tribe can acquire new lands, the state claims jurisdiction over them.

Get the Story:
Coin toss could decide who takes state case to high court (The Providence Journal 10/24)
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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)