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Supreme Court considering Indian cases
TUESDAY, FEBRUARY 19, 2002

As tribes head to Congress to seek ways to counteract a wave of recent rulings deemed destructive to tribal sovereignty, the Supreme Court is considering a new set of cases affecting key areas of Indian law.

In recent months, tribes and opponents have asked the nation's highest court to review a number of contested decisions. Tribal authority over non-Indians, the trust relationship, sovereign immunity, self-determination and federal recognition are among the issues facing the nine Justices, who will decide whether or not to accept any one of the cases as early as today.

The Supreme Court in the past has been viewed as a protector of Indian rights. Tribal leaders have seen this role change during the last several years, leading to a disappointing 2000-2001 term where all but one case was decided in favor of Indian Country.

The current 2001-2002 term could shape up to be much the same, if the cases pending before the Court are any indication. Here is a brief sketch of the major actions pending.

Jurisdiction
Whether the Hoopa Valley Tribe of California can prevent a non-Indian resident from logging on land near a sacred site has already been a divisive issue, with anti-sovereignty and anti-treaty rights groups seeking to overturn a favorable ruling.

The courts here are conflicted. A three-judge panel of the 9th Circuit Court of Appeals first ruled the tribe had no authority over Roberta Bugenig. But last September, the full panel of the court said the tribe could stop her from logging.

Pacific Legal Foundation, an organization fighting fish protections in the hotly contested Klamath Basin, is representing Bugenig. The Citizens Equal Rights Alliance, a national group which has called for the abrogation of treaties, and Idaho Attorney General Al Lance, who has lost two Indian challenges in the past year, have filed briefs against the tribe.

Related Decisions:
Bugenig v. Hoopa Valley Tribe, No 99-15654 (9th Cir. September 11, 2001)
Bugenig v. Hoopa Valley Tribe No 99-15654 (9th Cir. October 2000, Withdrawn)
Bugenig v. Hoopa Valley Tribe No. C-98-3409 (US District Court. Mar 4, 1999)

Relevant Links:
Pacific Legal Foundation - http://www.pacificlegal.org
Citizens Equal Rights Alliance - http://www.citizensalliance.org

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