The U.S. Supreme Court under new Chief Justice John G. Roberts made its first Indian law decision this week, ruling against a Kansas tribe in a state taxation case.

The case, Wagnon v. Prairie Band Potawatomi Nation, is the only Indian law case on the court's 2005-2006 docket so far. But a handful of significant petitions have been filed and await action by the justices in the coming months. Here is a list of some, but not all, of the Indian cases that are pending.

Car Tags
The state of Kansas is asking the Supreme Court to overturn a 10th Circuit Court of Appeals ruling from March that ordered the state to recognize car tags issued by the Prairie Band Potawatomi Nation. The state contends it doesn't have to recognize the tags when tribal vehicles drive off the reservation.

The petition has been on hold since September but was finally relisted on Tuesday when the high court issued its ruling in the tax case. Since both cases involve a similar issue -- a balancing test between tribal, state and federal interests -- the court may order the 10th Circuit to reconsider its earlier ruling, according to the Supreme Court blog, a web site run by lawyers who specialize in Supreme Court litigation.

The high court could also accept the case for arguments or reject it altogether.
• Supreme Court relists Prairie Band car tag case (12/7) | Supreme Court Blog: Court rejects tribe's tax challenge (12/6)
• Docket Sheet: No. 04-1740

Land Claims
The Cayuga Nation of New York and the Seneca-Cayuga Tribe of Oklahoma were dealt a major blow when the 2nd Circuit Court of Appeals, in a 2-1 decision in June, threw out their 64,000-acre land claim on the basis that the tribes waited too long to file the lawsuit and that the lawsuit is too "disruptive" of local governance.

The tribes filed an application to review the decision last month and received an extension until January 6, 2006, to file a petition with the court. The Tribal Supreme Court Project, a joint effort of the Native American Rights Fund and the National Congress of American Indians plans to take part in the case, said John Dossett, the general counsel for NCAI.

"I think a lot of tribes have an interest in this case," Dossett said at NCAI's recent annual conference in Tulsa, Oklahoma. "The legal doctrine of 'it's been a long time' is not a good legal doctrine for tribes."
• Appeals court refuses to rehear Cayuga land claim (9/9)
• Docket Sheet: No. 05-640

Federal Recognition/Treaty Rights
After decades of battles, the Samish Nation of Washington finally won federal recognition in 1996. But the tribe is still struggling to obtain federal funding and reclaim its fighting rights. The 9th Circuit Court of Appeals, in a 2-1 decision this past January, advanced the fighting rights case, giving the tribe another shot at seeking a share of the treaty catch in Washington.

The effort, however, is opposed by other tribes in the state, who filed a petition to overturn the 9th Circuit. The Supreme Court delayed consideration last month in order for the Lummi Nation, the Nisqually Tribe and the Makah Nation time to file a response brief that was due yesterday.
• Jilted Washington tribe wins court ruling (1/7)
• Docket Sheet: No. 05-445

Treaty Rights
In another Washington case, the Skokomish Tribe filed a petition to seek damages for violations of its treaty rights. In a somewhat confusing ruling, an 11-judge panel of the 9th Circuit Court of Appeals in March split of several issues in the case, including whether the tribe filed the lawsuit too late, whether individual tribal members can assert claims and whether the city of Tacoma and a public utility can be sued for building two dams that affect salmon runs.

The majority agreed that the tribe might have a case against the United States. The court transferred the lawsuit to the U.S. Court of Federal Claims but the tribe is seeking review of the 9th Circuit ruling. The tribe says it could be owed $6 billion for the violation of its rights.
• Appeals court rejects tribe's treaty rights claim (3/10)
• Docket Sheet: No. 04-434

Relevant Links:
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html