Law

Supreme Court won't accept Osage Nation diminishment case

Monday, June 27, 2011

The U.S. Supreme Court today rejected a petition in Osage Nation v. Irby, a reservation diminishment case.

Congress created a reservation for the Osage Nation of Oklahoma in 1872. The 10th Circuit Court of Appeals ruled that an allotment act in 1906 diminished the reservation.

The tribe asked the justices to overturn the decision. The petition was held back for a few months until the Department of Justice submitted a brief and urged the high court to reject the case.

The petition was declined without comment in today's order list.

The court's inaction means the reservation only consists of land held in trust for the tribe and for individual Indians. Restricted allotments are also included.

"I am disappointed with the Supreme Court's decision to allow a clearly wrong decision to stand, but this does not end the Osage Nation's efforts to protect our homelands," Chief John Red Eagle said in a statement. "We will continue to exercise our inherent rights as a sovereign nation."

Get the Story:
U.S. Supreme Court Turns Down Osage Nation Request (News on 6 6/27)
U.S. Supreme Court won't hear Osage Nation appeal (The Tulsa World 6/27)

10th Circuit Decision:
Osage Nation v. Irby (March 5, 2010)