Two Maine tribes lost their last shot at reclaiming their sovereignty when the U.S. Supreme Court on Monday turned down their appeals.
Without comment, the justices rejected petitions from the Aroostook Band of Micmac Indians and the Houlton Band of Maliseet Indians. Both tribes sought to overturn a negative ruling that subjects them to state employment laws.
The move means the only recourse for the tribes would be to ask Congress to restore their full sovereignty. Indian leaders in Maine have been discussing that possibility in order to be treated like most other tribes in the U.S.
But the issue is controversial because the tribes have been on the losing end of the stick in case after case. The courts have imposed state freedom of information laws on tribal governments and have denied tribes the ability to issue and enforce environmental regulations.
Though these battles date back several years, the turning point came elsewhere in New England. On July 14, 2003, Rhode Island state troopers raided the Narragansett Reservation
in order to shut down a tax-free smokeshop.
The tribe went to court to protect its rights and won a ruling from the 1st Circuit Court of Appeals that said the state went too far. But after a rehearing, the court reversed itself and told the tribe
to comply with state laws.
This decision is now being used to justify encroachments on tribal sovereignty in Maine. Land claim settlement acts that were passed by Congress require the tribes to follow state laws, the
court has determined.
Congress settled the land claims of the Houlton Band, the Penobscot Nation and the Passamaquoddy Tribe in 1980. In exchange for federal recognition, the tribes agreed to state jurisdiction on their reservations.
The Aroostook Band was not part of this settlement. In 1991, Congress enacted a law specific to the tribe that did not mention state jurisdiction.
However, the 1st Circuit said the state jurisdiction provision in the 1980 settlement act
covers "all" Indian tribes in Maine. That includes the Aroostooks even though they weren't federally recognized at the time, according to the court.
The ruling was the second this year from the 1st Circuit that went against Maine tribes.
In August, the court blocked the Penobscot Nation and the Passamaquoddy Tribe from regulating water quality on their reservations, saying the 1980 land claim settlement act prevents them from exercising their inherent sovereignty.
The Maine tribes aren't alone in this regard either. In Massachusetts, the Aquinnah Wampanoag Tribe can be sued in state court for failing to comply with state laws under a provision in its land claim settlement act.
Relevant Documents:
Supreme Court Order
List (November 26, 2007)
1st Circuit Decision:
Aroostook
Band v. Ryan (April 17, 2007)
Earlier Decisions:
Aroostook
Band v. Ryan (December 5, 2005) |
Aroostook Band v.
Maine (April 13, 2005)
Relevant Laws:
Maine
Tribal Settlement Acts
Relevant Links:
NARF-NCAI Tribal Supreme Court Project -
http://www.narf.org/sct/index.htmlMaine
Indian Tribal-State Commission -
http://www.mitsc.org
