Arguments still not settled in land-into-trust case
Note: The hearing takes place November 3. An earlier posting listed the wrong date.

Who will represent the state of Rhode Island in an upcoming land-into-trust case before the U.S. Supreme Court?

As of Monday, the state still hadn't figured that out. So it might come down to drawing straws to determine whether the town of Charlestown, Gov. Donald Carcieri (R) or Attorney General Patrick Lynch will get to argue at the November 3 hearing.

"The time to name that person is now. We have twenty-five days left," Joseph S. Larisa Jr., Charlestown’s assistant solicitor on Indian affairs, told The Providence Journal.

The town, Carcieri and Lynch all wanted to argue at the hearing but the Supreme Court issued an order on Monday that said only one side gets to appear. Carcieri is being represented by former Bush administration attorney Theodore B. Olson, who has appeared before the court many times.

The case involves the land-into-trust application of the Narragansett Tribe, whose attempt to share time at the arguments also was denied by the court.

Get the Story:
State, Charlestown vie to argue tribal land case before Supreme Court (The Providence Journal 10/7)
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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:
Narragansett Tribe won't argue at Supreme Court (10/6)
SCOTUSBlog: Narragansett land-into-trust case (9/17)
Former Bush lawyer paid $200K for land-into-trust case (9/12)
State argues over arguments in land-into-trust case (9/8)
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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