Turtle Talk: No easy fix for land-into-trust ruling
Monday, March 2, 2009
Filed Under:
Law
|
Trust
"I couldn’t really do it in 800 words, but my ICT editorial necessarily left out several points I still want to make about Carcieri and its impact. Here is the first. Others will follow.
The Carcieri fix will not be an easy sell. Tribal interests have relatively recently “fixed” a Supreme Court decision by asking Congress for help — the so-called Duro fix. But consider how many other “fixes” never got off the ground: (1) Oliphant Fix (numerous incarnations); (2) Seminole Tribe Fix; and (3) Hicks Fix.
Why did the Duro Fix get through while the others did not? First, the only constituency that would have opposed the Duro Fix was nonmember Indians, the most famous (later on) being Russell Means, who traveled from city to city arguing against tribal criminal jurisdiction over nonmember Indians after he got arrested at Navajo. Second, state and local governments had some general interest in limiting tribal criminal jurisdiction (the same as they do with jurisdiction over non-Indians) but the interest is just that — general. And a bit disingenous in a lot of places in the country."
Get the Story:
Carcieri Fix Might Not Be So Easy
(Turtle Talk 3/2)
Supreme Court Decision:
Syllabus
|
Opinion
[Thomas] |
Concurrence
[Breyer] |
Dissent
[Stevens] |
Concurrence/Dissent
[Souter]
Supreme Court Documents:
Oral
Argument Transcript |
Briefs
Related Stories:
Fletcher: Now's the
time to fix land-into-trust ruling (2/26)
Rep. Rahall to call hearing on land-into-trust
ruling (2/26)
Narragansett Tribe to
fight land-into-trust ruling (2/26)
Cowlitz Tribe weighs impact of
land-into-trust decision (2/26)
Menominee Nation hopes for shift on
land-into-trust (2/26)
Gun Lake
casino foes review land-into-trust options (2/26)
Supreme Court rules in big land-into-trust case
(2/25)
Tribes will ask Congress to 'fix'
land-into-trust decision (2/25)
Massachusetts tribe blasts land-into-trust ruling
(2/25)
Oneida Nation not worried about
land-into-trust (2/25)
Turtle Talk:
Implications of land-into-trust ruling (2/25)
Turtle Talk: Thoughts on land-into-trust decision
(2/25)
Turtle Talk: Decision brewing in
land-into-trust case (01/22)
Land-into-trust case rejected by Supreme Court
(1/22)
Land-into-trust case awaits
Supreme Court action (1/13)
Turtle Talk: More thoughts on
land-into-trust cases (01/13)
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