Advertise:   ads@blueearthmarketing.com   712.224.5420

Law
Supreme Court decision on Oneida Nation criticized


Lawyers involved in tribal issues in Oklahoma criticized the U.S. Supreme Court's decision in the Oneida Nation case.

Ken Bellmard, who represents the Miami Nation and other tribes, said the court has changed precedents dating back to 1830. Lindsay Robertson, an Indian law expert at the University of Oklahoma, said the consequences of the decision are "enormous" because the court based its ruling on issues not provided in briefs.

Richard Grellner, another tribal attorney, said the decision could affect efforts by Oklahoma tribes to claim land in other states. He said states will cite the ruling as they fight tribes.

Get the Story:
High court's action scrutinized in state (The Oklahoman 3/31)
pwpwd

Get the Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Relevant Links:
Oneida Nation - http://www.oneida-nation.net
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html

Decision in Oneida Indian Nation v. City of Sherrill:
Majority Opinion | Van Graafeiland Dissent

Decision in Cayuga Indian Nation v. Village of Union Springs:
Decision | Order (April 23, 2004)

Related Stories:
Major defeat for Oneida Nation in Supreme Court case (3/30)
Pataki, city, foes pleased with Oneida Nation ruling (3/30)
Major defeat for Oneida Nation in Supreme Court case (3/29)
Oneida Nation ruling could impact land claims (01/13)
Passage of time at issue in Oneida Nation case (01/12)
Oneida Nation wants court to uphold promises (1/12)
Supreme Court rejects two Indian law cases (1/12)
Supreme Court to hear Oneida Nation land dispute (1/10)
New York municipalities pony up for court brief (12/14)
Hearing set for Oneida Nation treaty rights case (11/12)
Supreme Court takes action on Indian law cases (11/02)
Tribes file briefs in Oneida Nation land case (10/18)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court to hear dispute over Oneida Nation land (06/29)
Oneida Nation sees support in Bush administration brief (06/08)
Appeal planned in Cayuga Nation land rights case (04/30)
Cayuga Nation land rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Supreme Court asks for DOJ brief in Oneida case (02/24)
Bill would terminate out-of-state sovereign rights (09/26)
Appeals expected in Seneca-Cayuga Tribe's land case (09/10)
Judge to decide fate of Seneca-Cayuga Tribe's land (9/9)
Cayuga tribes slowly reclaiming ancestral territory (09/02)
Okla. tribe says court decision bolsters case (07/24)
Cayuga Nation welcomes Indian Country decision (07/23)
Oneida Nation wins treaty lands case (7/22)