A controversial federal
court nominee whom tribes say will be a disaster for Indian Country goes
up for a crucial Senate vote this afternoon.
William G. Myers III, a lawyer and former lobbyist for the ranching, grazing
and cattle industries, has been nominated for a spot on the
9th Circuit Court of Appeals. The court hears cases affecting
more than 100 tribes in nine Western states, more than 200 tribes in Alaska
and Native Hawaiians in Hawaii.
Due to the importance of the court, tribal leaders have taken a close
look at Myers and don't like what they see. Organizations like
the National Congress of American Indians (NCAI), the California
Nations Indian Gaming Association (CNIGA) and the Native American
Rights Fund (NARF) say he will put the interests of
industry over Indians.
"For Indian Country, Mr. Myers is the worst possible choice,"
said NCAI president Tex Hall.
NCAI was urging tribes to show their opposition to Myers in advance of
today's vote. Since he is the target of a Democratic filibuster,
Senate Republicans will need to muster 60 votes in order to end debate
on the nomination.
So far, Republicans have been unable to break the Democrats'
hold on several of President Bush's most controversial picks for
the federal bench. If they fail again today,
Myers will be the seventh nominee blocked by the Democrats.
Objections to Myers center on actions he took as the Interior
Department's top lawyer, a post he held from July 2001 until
December 2003. During that time, he played a role in
cases affecting sacred sites and the management of the Indian trust.
In his most criticized decision, Myers overturned a legal opinion
that protected the sacred lands of the Quechan Nation from
development. The reversal favored a Canadian company that
wants to build a huge, open-pit gold mine on sites the tribe uses
for ceremonies, pilgrimages and other religious activities.
During his confirmation hearing in February, Myers
admitted he never consulted the tribe despite serving, in his
official capacity, as the tribe's trustee. But he did meet
with representatives of Glamis Gold, the company behind the
mine proposal.
"You're open to one side and not the other?" said Sen. Ted Kennedy (D-Massachusetts)
at the time. "Did it ever
occur to you that you ought to talk with the other side?"
Myers also sided with another mining company in a dispute with the
Reno-Sparks Indian Colony in Nevada. The tribe, supported by local
non-Indian residents, is fighting a 24-hour,
7-day-a-week kitty litter mine that would be located next to
the reservation.
Despite the local opposition, Myers intervened in a court case
the Oil-Dri company filed against county officials who voted against
the mine. The legal brief supported the company's right to develop
in the tribe's backyard.
When asked to name significant cases he has participated in during
his career, Myers cited two trust mismanagement cases that went before the U.S. Supreme Court.
On behalf of the Bush administration, Myers and other government attorneys advocated for a limited trust
responsibility to the Navajo Nation and the White Mountain
Apache Tribe. The justices rejected the government's line of defense.
Tribes aren't the only ones opposing Myers. Environmental and
conservation groups say he is unqualified to sit on the
federal bench.
After leaving the Bush administration, Myers returned to work at the
Holland & Hart law firm, where he serves of counsel in the Boise, Idaho,
office.
Relevant Documents:NCAI Resolution | NCAI Letter | Environmental/Tribal Coalition Letter | NCAI Resolution | Environmental Group's Letter | Holland & Hart Biography Indianz.Com Profile:
Industry insider named to Interior (March 30, 2001) From the Archive:
Myers reversing sacred site opinion (10/25)
Bush nominee has no 'agenda' on Clinton decisions (6/21)