indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court reverses tribal jurisdiction ruling
Wednesday, June 25, 2008
Filed Under: Law

The Cheyenne River Sioux Tribe of South Dakota does not have jurisdiction over a non-Indian bank doing business on the reservation, the U.S. Supreme Court ruled today.

In Plains Commerce Bank v. Long, tribal members sued Plains Commerce Bank of South Dakota for breach of contract and discrimination. A federal judge and the 8th Circuit Court of Appeals ruled that the bank was subject to tribal jurisdiction.

By a 5-4 vote, the Supreme Court reversed. Writing for the majority, Chief Justice John G. Roberts characterized the dispute as the sale of a fee land, rather than of one that affects a tribe's authority to regulate the activities of non-Indians on the reservation.

"The distinction between sale of the land and conduct on it is well-established in our precedent, as the foregoing cases demonstrate, and entirely logical given the limited nature of tribal sovereignty and the liberty interests of nonmembers," Roberts wrote for the court. Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined the opinion.

Justice Ruth Bader Ginsburg wrote a dissent. She said tribal courts are the proper place to resolve a dispute involving a non-Indian bank that voluntarily entered into a business agreement with tribal members.

"Sales of land -- and related conduct -- are surely 'activities' within the ordinary sense of the word," Ginsburg wrote. The dissent was joined by Justices John Paul Stevens, David Souter and Stephen G. Breyer.

Supreme Court Decision:
Plains Commerce Bank v. Long (June 25, 2008)

Relevant Documents:
Oral Argument Transcript | 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 Stories:
Supreme Court rulings awaited in Indian Country (6/24)
Ruling in Plains Commerce case expected by July (6/5)
Joe Martin: Tribal jurisdiction over non-Indians (5/1)
Opinion: Disrespect at the Supreme Court (4/28)
Supreme Court hears tribal jurisdiction case (4/15)
Legal Times: Italians and Indians at high court (4/15)
Supreme Court to hear jurisdiction case (4/14)
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)



Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lakota Country Times: Not guilty verdict after Lakota 57 trial (9/1)
President Obama meets Native leaders after landing in Alaska (9/1)
Rhonda Pitka: Alaska Natives put priority on subsistence rights (9/1)
Transcript: Obama remarks following Native leaders roundtable (9/1)
94-year-old Alaska Native elder greets Obama with Denali song (9/1)
Politicians in Ohio oppose return of Alaska Native name for peak (9/1)
Passamaquoddy Tribe takes a step toward marijuana cultivation (9/1)
Center for Native American Youth seeks new executive director (9/1)
Supreme Court takes up petition in Kialegee Tribal Town dispute (9/1)
NCAI pushes for court rehearing in tribal labor sovereignty case (9/1)
Education Department awards $50.4M in grants to tribal colleges (9/1)
Native Sun News: Teens attacked on Rosebud Sioux Reservation (9/1)
Clara Caufield: Cheyenne brothers and sisters share language (9/1)
Terese Marie Mailhot: Shutting down a new generation of hate (9/1)
Jennifer Fielder: Tribes struggling to break free from bondage (9/1)
Brian Pierson: Big decision in Seminole Tribe's taxation case (9/1)
Navajo Nation hires firm to pursue Gold King Mine spill lawsuit (9/1)
Young tribal members cited for wild rice harvest in Minnesota (9/1)
Lake named for war secretary who pushed for removal of tribes (9/1)
Tribal college students participate in NASA challenge in Virginia (9/1)
La Jolla Band welcomes visitors to longest zip line in California (9/1)
Chukchansi Tribe still aiming for reopening of casino this month (9/1)
Cherokee Nation contributed $11M to upgrade road near casino (9/1)
President Obama restores Alaska Native name of highest peak (8/31)
BIA announces $1.75M in grants fot tribal education programs (8/31)
Multiple Capitol Hill hearings set into disaster at Gold King Mine (8/31)
Native Sun News: Oglala Sioux counselor combats youth suicide (8/31)
Native Sun News: Lakota 57 parents seek counseling for incident (8/31)
Ernestine Chasing Hawk: I remember I am alive and a survivor (8/31)
Mary Annette Pember: Native women betrayed in violence fight (8/31)
Dina Gilio-Whitaker: Blood quantum used to judge Indian people (8/31)
Sally Jewell: Native youth serve as Ambassadors for the Arctic (8/31)
Turtle Talk Poll: The enduring legacy of Supreme Court decision (8/31)
First Native woman Ashley Callingbull wins Mrs. Universe title (8/31)
Native boy lands role as son of Leonardo DiCaprio in new film (8/31)
Standing Rock Sioux Tribe considers petition to legalize hemp (8/31)
Spirit Lake Nation declares state of emergency to fight drugs (8/31)
Mississippi Choctaws pick Phyllis Anderson as chief once again (8/31)
Former Pokagon Band leader to leave Michigan civil rights post (8/31)
More executives targeted in Chippewa Cree Tribe criminal probe (8/31)
Pueblo water system held hostage by county in trespassing spat (8/31)
Kootenai Tribe to create recovery plan for last wild caribou herd (8/31)
Chair of Duwamish Tribe presses Secretary Jewell on recognition (8/31)
Opinion: Islamic extremists are making inroads on reservations (8/31)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.