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Mass. high court to hear tribal immunity case
Friday, February 27, 2004
The Massachusetts Supreme Judicial Court has agreed to hear a case testing the limits of the Aquinnah Wampanoag Tribe's sovereign immunity.
Federal law gives the state civil and criminal jurisdiction over tribal lands. But local officials also say it gives them authority over the tribal government.
A judge disagreed and said the law did not waive the tribe's sovereign immunity. Local officials want to force the try to comply with zoning laws.
The U.S. Supreme Court has never ruled that federal laws granting state jurisdiction apply to tribal governments. But a federal judge in Rhode Island last year said they do.
Get the Story:
Aquinnah tribe case goes to SJC
(The Cape Cod Times 2/27)
Court Decision:
Town
of Aquinnah v. Gay Head Wampanoag Tribe (June 11, 2003)
Related Stories:
State to intervene in Wampanoag sovereignty
case (01/09)
Mass. town urged
to appeal tribal immunity ruling (12/05)
Mass. court upholds Wampanoag Tribe's
sovereignty (11/06)
Dershowitz:
Judge may be wrong on Wampanoag case (07/22)
Mass. town argues for jurisdiction
over tribe (7/21)
Mass.
judge asked to reconsider sovereignty ruling (06/24)
Mass. court affirms tribe's
sovereignty (6/18)
Mass. tribe argues for sovereign
rights on land (02/14)
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