State argues over arguments in land-into-trust case
Legal officials in Rhode Island are arguing over who should argue before the U.S. Supreme Court in an upcoming land-into-trust case

State officials want the high court to overturn a ruling that said the Interior Department can take land into trust for the Narragansett Tribe. The newly acquired land, unlike the tribe's reservation, will not be subject to state jurisdiction.

The town of Charlestown, represented by its assistant solicitor for Indian affairs, Joseph S. Larisa Jr., started the litigation more than 10 years ago. But Gov. Donald Carcieri (R) and Attorney General Patrick Lynch are claiming a stake in the oral arguments set for November 3.

Carcieri, who hired former Bush administration attorney Theodore B. Olson for the case, and Lynch filed motions with the high court to cut Larisa out of the arguments. Larisa responded with a motion that said he should be allowed to speak.

The motions will be considered when the Supreme Court justices meet on September 29, prior to the start of the October 2008 term.

Get the Story:
Supreme rivalries: 3 vie to argue R.I. land case before nation’s high court (The Providence Journal 9/6)
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Supreme Court Documents:
Docket Sheet | Questions Presented | Order List

1st Circuit Decisions:
En Banc (July 20, 2007) | Panel (February 9, 2005)

Briefs and Other Documents:
Carcieri v. Kempthorne (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Related Stories:
Former Bush lawyer to argue land-into-trust case (6/6)
Court takes land-into-trust case (2/26)
U.S. Supreme Court accepts land-into-trust case (2/25)
High court weighs Narragansett land-into-trust (2/22)
Groups file brief in pending land-into-trust case (02/06)
Supreme Court brief backs land-into-trust (1/29)

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