Update: The Supreme Court has posted the oral argument transcript. Gavin Clarkson (Choctaw), of the University of Michigan, attended the hearing and will provide his report and commentary for Indianz.Com tomorrow.
The U.S. Supreme Court today is holding oral arguments in Plains Commerce v. Long.
The court will determine if Plains Commerce Bank of South Dakota is subject to the jurisdiction of the Cheyenne River Sioux Tribe. A tribal court jury awarded a nearly $900,000 verdict to a tribal couple who had a contract with the bank.
Normally, tribes do not have jurisdiction over non-Indians or non-Indian entities. But the 8th Circuit Court of
Appeals said Plains Commerce established a consensual relationship with Ronnie and Lila Long, tribal members who operate a farm on the reservation.
The bank says the consensual relationship was not explicit. The banking industry, several states and a conservative legal group are backing Plains Commerce.
The Department of Justice is backing the Longs. The National Congress of American
Indians, the Navajo Nation
and advocates for Native women are joining the administration in supporting
tribal court jurisdiction.
Relevant Documents:
Docket Sheet:
No. 07-411 | Briefs
on the Merits
Appeals Court Decision:
Plains
Commerce Bank v. Long Family Land and Cattle Company (June 26, 2007)
Lower Court Decision:
Plains
Commerce Bank v. Long Family Land and Cattle Company (July 18, 2006)
Related Decision:
Smith
v. Salish Kootenai College (January 10, 2006)
Related Stories:
DOJ to join argument in tribal court
jurisdiction case (4/3)
Bush brief backs
tribal court jurisdiction (3/24)
Opinion: No tribal jurisdiction over non-Indians
(3/3)
Supreme Court agrees to hear tribal
jurisdiction case (1/8)
Appeals court
upholds tribal verdict in bank loan case (6/28)
9th Circuit vacates tribal jurisdiction ruling
(2/2)
Court subjects non-Indian bank to
tribal laws (7/20)
Appeals court upholds
tribal jurisdiction after rehearing (01/11)
Law
Supreme Court to hear jurisdiction case
Monday, April 14, 2008
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