The U.S. Supreme Court won't hear a challenge to tribal jurisdiction over all Indians.
Russell Means, the activist and actor, says he can't be prosecuted by the Navajo Nation because he is not Navajo. He raised constitutional challenges to the "Duro" fix, in which Congress recognized tribal jurisdiction over all Indians, regardless of membership.
The 9th Circuit Court of Appeals rejected the claims. The justices declined Means v. Navajo Nation, No.
05-1614, today.
The Supreme Court also denied Morris v. Tanner, No.
05-1285, a related case involving a Chippewa man who was prosecuted by the Confederated Salish and Kootenai Tribes of Montana. The man's family is allied with anti-Indian and anti-sovereignty groups.
Russell Means Jurisdiction Decision:
Russell
Means v. Navajo Nation (August 23, 2005)
US v. Lara Decision:
Syllabus
| Opinion
[Breyer] | Concurrence
[Stevens] | Concurrence
[Kennedy | Concurrence
[Thomas] | Dissent
[Souter]
Relevant Links:
Russell Means - http://www.russellmeans.com
Navajo Nation - http://www.navajo.org
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html
Related Stories:
High court prepares for
term (9/27)
Navajo Nation Supreme Court takes case on the
road (02/15)
Navajo Nation 'ready
to prosecute' Means (09/23)
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Federal courts try to decide who is legally
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Means loses lawsuit
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Judge denies tribal jurisdiction over Indian
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Russell Means sues
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Harjo: Pine Ridge election about character
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Russell Means arrested for
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Russell Means not welcome as Republican either
(07/30)
Tribal authority over all Indians
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Supreme Court affirms tribal powers over all
Indians (04/20)
Thune gains endorsement
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Supreme Court hears tribal powers case
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Supreme Court case on
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DOJ's Supreme Court brief backs sovereignty
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Tribal jurisdiction
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