Advertise:   ads@blueearthmarketing.com   712.224.5420

Law
U.S. Supreme Court refuses Russell Means case


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)
Appeals court opens Means to tribal prosecution (08/24)
Federal courts try to decide who is legally Indian (08/24)
Means loses lawsuit against Oglala Sioux election (03/09)
Judge denies tribal jurisdiction over Indian descendant (12/08)
Russell Means sues after losing Pine Ridge election (12/03)
Harjo: Pine Ridge election about character (10/29)
Russell Means arrested for missing court date (10/25)
Russell Means top vote-getter in Pine Ridge primary (10/7)
Russell Means not welcome as Republican either (07/30)
Tribal authority over all Indians still unsettled question (06/23)
Russell Means ready to give up on Republican Party (06/03)
Supreme Court affirms tribal powers over all Indians (04/20)
Thune gains endorsement from odd source: Russell Means (02/05)
Supreme Court hears tribal powers case (01/22)
Supreme Court case on jurisdiction attracts attention (01/08)
DOJ's Supreme Court brief backs sovereignty (7/30)
Tribal jurisdiction faces test before Supreme Court (07/03)