A former clerk to the late U.S. Supreme Court Justice Harry Blackmun says Bush nominee John G. Roberts Jr. should be questioned about his views on an Indian law case.

In an opinion piece, Vikram David Amar, a law professor at the University of California, Hastings Law School, calls the Seminole Tribe v. Florida case of 1996 one of the high court's "recent blockbusters." If Roberts doesn't state his views on the case, "we might as well not waste time on a hearing," Amar says.

The case came about when the Seminole Tribe sued the state of Florida for refusing to negotiate a Class III gaming compact. The Supreme Court ruled 5-4 that the Indian Gaming Regulatory Act improperly waived state sovereign immunity [Case Info].

Tribal leaders have criticized the ruling, saying it allows states to make great demands on tribes in negotiating compacts. They have repeatedly asked Congress for a "Seminole fix."

Roberts mentioned the case during his confirmation hearing for an appellate court seat. He said it was the "first" to rule on state sovereign immunity and that other courts have followed it. He acknowledged there is some question about whether the decision was a "departure or a continuation" of precedent but didn't outright say what he thought about it [PDF: April 20, 2003 hearing].

Get the Story:
Vikram David Amar: Casing John Roberts (The New York Times 7/27)
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Relevant Links:
Federal Judicial Nominees, DOJ - http://www.usdoj.gov/olp/nominations.htm
NARF-NCAI Tribal Supreme Court Project - http://www.narf.org/sct/index.html

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