printer friendly version
Indian law cases await U.S. Supreme Court action
Thursday, December 8, 2005
The U.S. Supreme Court under new Chief Justice John G. Roberts made its first Indian law decision this week, ruling against a Kansas tribe in a state taxation case.
The case,
Wagnon v. Prairie Band Potawatomi Nation, is the only Indian law case on the court's 2005-2006 docket so far. But a handful of significant petitions have been filed and await action by the justices in the coming months. Here is a list of some, but not all, of the Indian cases that are pending.
Car Tags
The state of Kansas is asking the Supreme Court to overturn a 10th Circuit Court of Appeals ruling from March that ordered the state to recognize car tags issued by the Prairie Band Potawatomi Nation. The state contends it doesn't have to recognize the tags when tribal vehicles drive off the reservation.
The petition has been on hold since September but was finally relisted on Tuesday when the high court issued its ruling in the tax case. Since both cases involve a similar issue -- a balancing
test between tribal, state and federal interests -- the court may order the 10th Circuit to reconsider its earlier ruling, according to the Supreme Court blog, a web site run by lawyers who specialize in Supreme Court litigation.
The high court could also accept the case for arguments or reject it altogether.
•
Supreme Court relists Prairie Band car tag case
(12/7) |
Supreme Court Blog: Court rejects tribe's tax challenge (12/6)
•
Docket Sheet: No. 04-1740
Land Claims
The Cayuga Nation of New York and the Seneca-Cayuga Tribe of Oklahoma were dealt a major blow when the 2nd Circuit Court of Appeals, in a 2-1 decision in June, threw out their 64,000-acre land claim on the basis that the tribes waited too long to file the lawsuit and that the lawsuit is too "disruptive" of local governance.
The tribes filed an application to review the decision last month and received an extension until January 6, 2006, to file a petition with the court. The Tribal Supreme Court Project, a joint effort
of the Native American Rights Fund and the National Congress of American Indians plans to take part in the case, said John Dossett, the general counsel for NCAI.
"I think a lot of tribes have an interest in this case," Dossett said at NCAI's recent annual conference
in Tulsa, Oklahoma. "The legal doctrine of 'it's been a long time' is not a good legal doctrine for tribes."
•
Appeals court refuses to rehear Cayuga land claim (9/9)
•
Docket Sheet: No. 05-640
Federal Recognition/Treaty Rights
After decades of battles, the Samish Nation of Washington finally won federal recognition in 1996. But the tribe is still struggling to obtain federal funding and reclaim its fighting rights. The 9th Circuit
Court of Appeals, in a 2-1 decision this past January, advanced the fighting rights case, giving the tribe another shot at seeking a share of the treaty catch in Washington.
The effort, however, is opposed by other tribes in the state, who filed a petition to overturn the 9th Circuit. The Supreme Court delayed consideration last month in order for the Lummi Nation,
the Nisqually Tribe and the Makah Nation time to file a response brief that was due yesterday.
•
Jilted Washington tribe wins court ruling
(1/7)
•
Docket Sheet: No. 05-445
Treaty Rights
In another Washington case, the Skokomish Tribe filed a petition to seek damages for violations of its treaty rights. In a somewhat confusing ruling, an 11-judge panel of the 9th Circuit Court of Appeals in March split of several issues in the case, including whether the tribe filed the lawsuit too late, whether individual tribal members can assert claims and whether the city of Tacoma and a public utility can be sued for building two dams that affect salmon runs.
The majority agreed that the tribe might have a case against the United States. The court transferred the lawsuit to the U.S. Court of Federal Claims but the tribe is seeking review
of the 9th Circuit ruling. The tribe says it could be owed $6 billion for the violation of its rights.
•
Appeals court rejects tribe's treaty rights claim (3/10)
•
Docket Sheet: No. 04-434
Relevant Links:
NARF-NCAI Tribal Supreme Court Project -
http://doc.narf.org/sc/index.html
Related Stories:
Supreme Court upholds state tax on reservation
fuel (12/7)
U.S. Supreme Court weighs tribal-state tax
case (10/04)
Supreme Court takes on
tribal-state battle (10/4)
Roberts
confirmed and sworn in as chief justice (9/30)
Bush said to be near new
pick for Supreme Court (9/29)
Senate
committee approves Roberts by 13-5 vote (9/23)
Sen. Leahy announces vote for Roberts confirmation
(9/22)
Sen. Reid to vote against Roberts
nomination (9/21)
Roberts mentions
Indian law work on final day (9/19)
Supreme Court nominee Roberts promises 'no agenda'
(9/13)
Roberts set for Supreme Court
confirmation hearings (9/12)
Native
Hawaiian work an issue for Roberts (9/7)
Roberts tapped for chief justice position (9/6)
Roberts aided O'Connor in confirmation
process (08/11)
Rehnquist makes brief
visit to hospital for fever (08/05)
Confirmation hearings on Roberts to start Sept. 6
(8/1)
Opinion: What does Roberts think
about Seminole? (7/27)
Reagan-era
documents from Roberts released (7/27)
White House plans to release most Roberts papers
(7/26)
NARF lawyer fears Roberts will
lean conservative (07/21)
Bush names
John G. Roberts to Supreme Court (7/20)
Schumer asked about Roberts' views on Natives
(7/20)
Rehnquist slaps down retirement
rumors (7/15)
NCAI's Hall on picking a
Supreme Court justice (7/13)
Mark
Trahant: Appoint Indian to U.S. Supreme Court (7/11)
Key Republican speculates on Supreme Court makeup
(7/11)
Harjo: O'Connor trampled on
Native religious rights (7/8)
Republicans prepare for Rehnquist resignation
(7/8)
O'Connor resigns from nation's
highest court (7/5)
Justice's tenure
filled with key Indian law cases (7/5)
Supreme Court wraps up October 2004 term
(06/28)
U.S. Supreme Court vacancy impacts
tribal rights (06/20)
High court won't
take on Native Hawaiian recognition (06/14)
Appeals court to rehear tribal jurisdiction
case (06/08)
Tribal authority over all
Indians still unsettled question (06/23)
Myers not included in compromise on Bush judges
(05/24)
Tribal sovereignty must be
respected, court rules (05/13)
Supreme
Court Roundup: Indian law cases rejected (04/19)
Supreme Court refuses Bush appeal of trust case
(04/19)
Supreme Court takes drug case tied
to peyote use (04/19)
Indian lawyer
cites 'hostile' atmosphere in Washington (04/15)
Contracts still an issue despite Supreme Court
win (04/14)
Oneida Nation begins
land-into-trust process (04/13)
Supreme
Court to weigh appeal of trust lawsuit (04/07)
Supreme Court Roundup: Indian law cases
rejected (04/19)
Appeals court revives
Wind River royalty fraud case (04/07)
BIA official calls high court ruling 'quite
depressing' (03/31)
Supreme Court
overturns Oneida Nation case (03/30)
Tribes win decision in contract support cost
case (03/02)
Supreme Court takes on
tribal-state tax dispute (03/01)
Passage
of time at issue in Oneida Nation case (01/12)
Supreme Court rejects two Indian law cases
(1/12)
U.S. Supreme Court decides cases
without Rehnquist (12/14)
U.S. Supreme
Court asked to rule on state taxation (12/02)
Peabody takes coal lease dispute to high court
(12/01)
Tribal contracts pose conflict
for U.S. Supreme Court (11/10)
Court to
hear self-determination contract case (11/9)
Supreme Court takes action on Indian law cases
(11/02)
Mille Lacs diminishment case before
Supreme Court (10/22)
South Dakota
challenge to tribes rejected by high court (10/19)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court affirms tribal powers over all
Indians (04/20)
Supreme Court to
resolve self-determination dispute (03/23)
Cantwell stresses importance of judicial picks
(6/17)
Tribal fears in Supreme Court case go
unrealized (5/20)
Supreme Court case too
close to call for some (4/1)
Supreme
Court tussles with tribal sovereignty case (4/1)
Supreme Court case pits tribes against states
(3/31)
Supreme Court panel's predictions
mostly came true (3/19)
Appeals
court nominees draw fire (1/30)
Bush pick worked on Hicks case
(1/30)
Venetie foe up for
appeals court again (01/08)
Bush
nominee familiar with Indian law (5/9)
Indian Law and the Supreme Court
(12/11)
Copyright © 2000-2005 Indianz.Com
