Turtle Talk: More thoughts on land-into-trust cases
Tuesday, January 13, 2009
Filed Under:
Law
|
Trust
"It might be useful to recap the various factors that might affect the Supreme Court’s consideration of Carcieri v. Kempthorne and MichGO v. Kempthorne. I’ve been quoted here (ICT) and here (Indianz) — correctly, no problem there — but one thing I wonder might affect MichGO.
What I’ve been saying for a few days now is that the outcome in Carcieri might affect whether or not the Court decides to hear MichGO on the merits, a grant, or whether it decides to remand MichGO in light of Carcieri, a GVR. One thing I had not considered until now is that MichGO has not made some key arguments that were available to it by virtue of the Carcieri case. Carcieri is about whether Section 5 of the Indian Reorganization Act can apply to a tribe not federally recognized by the federal government in 1934. Until its cert petition (and I have not seen the complaint), MichGO never made that argument. The MichGO cert petition’s second question presented is one that was available to them (the Carcieri litigation goes back way before the MichGO litigation) but one that MichGO apparently never made.
So if the Court GVR’s MichGO after a Carcieri reversal on the Section 5 question, it will be allowing MichGO to bootstrap itself onto an argument that it had never made. Frankly, if my facts are right, MichGO has waived its 1934 argument, and should not be the beneficiary of a remand to the D.C. Circuit."
Get the Story:
More Commentary on Carcieri and MichGO
(Turtle Talk 1/13)
Briefs in
MichGO v. Kempthorne:
Petition
|
DOJ
Opposition |
Match-E-Be-Nash-She-Wish
Band Opposition
D.C. Circuit Decision:
MI
Gambling Oppo v. Kempthorne, Dirk (April 29, 2008)
Related Stories:
Land-into-trust case awaits Supreme Court action
(1/13)
Supreme Court rejects two Indian law cases
(1/12)
DOJ brief argues 1934
land-into-trust issue again (12/16)
Supreme Court takes on first Indian law case of
term (11/04)
Turtle Talk: Poor outlook on
land-into-trust case (11/4)
Rhode Island optimistic on
land-into-trust case (11/04)
Oregon tribes await outcome
of land-into-trust case (11/04)
Appeals
court delays casino for Michigan tribe (8/18)
Appeals court judge strikes blows against Indian
rights (5/5)
Appeals court backs Gun Lake
land-into-trust (4/29)
Appeals court
backs Michigan land-into-trust acquisition (7/5)
Appeals court sides with tribe in trust land
dispute (1/9)
Copyright © Indianz.Com
Subscribe