'Childish' fight over land-into-trust arguments
Officials in Rhode Island are still fighting over who will argue Carcieri v. Kempthorne on November 3.

Laurence Tribe a leading U.S. Supreme Court practitioner, said Theodore B. Olson, a former Bush administration attorney, should represent the state. He said only "childish and selfish" reasons would prevent Olson from arguing the case.

"The obvious solution is for Ted Olson to argue the case. He’s much more experienced … But if they find that unpalatable, they should flip a coin and grow up," Tribe told The Providence Journal.

Joseph Larisa Jr., the assistant solicitor for Indian Affairs for the town of Charlestown, still believes he should present the case but he is willing to do a coin toss. Gov. Donald Carcieri (R) and Attorney General Patrick Lynch only want Olson to argue.

At issue is whether the Narragansett Tribe can acquire land under the Indian Reorganization Act even though the tribe wasn't recognized at the time of the act's passage in 1934. If the tribe can acquire new lands, the state claims jurisdiction over them.

Get the Story:
Coin toss could decide who takes state case to high court (The Providence Journal 10/24)
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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:
Town backs lawyer to argue land-into-trust case (10/17)
Column: Land-into-trust case an important one (10/15)
Town weighs land eyed by Narragansett Tribe (10/15)
Prosecutors seek alibis in Aquash murder case (10/15)
Land-into-trust argument fight gets even more nasty (10/9)
Attorneys at 'impasse' for land-into-trust arguments (10/8)
U.S. Supreme Court adds Indian law cases to docket (10/7)
Arguments still not settled in land-into-trust case (10/7)
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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