High court weighs Narragansett land-into-trust

Friday, February 22, 2008  

The U.S. Supreme Court is meeting in a private conference today to consider the Narragansett Tribe's land-into-trust case.

The state of Rhode Island says the Bureau of Indian Affairs can't acquire land in trust for the tribe. The state says the Indian Reorganization Act only applies to tribes that were recognized as of 1934.

The Narragansett Tribe was recognized in 1983. But the Department of Justice says the IRA doesn't contain a time constraint.

The National Congress of American Indians, the Native American Rights Fund and other tribes are backing the Narragansetts. The Rhode Island Statewide Coalition, the Citizens Equal Rights Foundation and 16 states are backing Rhode Island.

ScotusBlog has listed the petition as one to watch though the Turtle Talk Blog doesn't think the justices will hear the case. An announcement is expected early next week though an orders in pending cases might be released this afternoon.

The case is Carcieri v. Kempthorne, No. 07-526.

1st Circuit Decisions:
En Banc (July 20, 2007) | Panel (February 9, 2005)

Briefs and Other Documents:
Carcieri v. Kempthorne (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Tribal Supreme Court Project - http://www.narf.org/sct/index.html

Related Stories:
Groups file brief in pending land-into-trust case (02/06)
Supreme Court brief backs land-into-trust (1/29)
Rhode Island appeals land-into-trust ruling (10/19)
Narragansett Tribe plans to use land for housing (07/27)
State of Rhode Island loses land-into-trust case (7/23)
Court upholds Narragansett land-into-trust (7/20)
Appeals court hears land-into-trust dispute (1/10)
Appeals court to hear land-into-trust case (1/8)
Appeals court to rehear land-into-trust dispute (12/07)
High court rejects state raid, land claim (11/28)
Supreme Court won't hear land-into-trust cases (10/3)
Court subjects Narragansett Tribe to all state laws (05/25)
Appeals court hears tribal-state sovereignty dispute (12/07)
Narragansett Tribe back in court over sovereignty (12/6)
Rhode Island set to appeal trust land decision (09/16)
Trust land challenge rejected by appeals court (9/14)
Appeals court agrees to rehear sovereignty case (07/11)
Tribal sovereignty must be respected, court rules (05/13)
Appeals court sides with tribe in trust land dispute (02/10)
Court won't rehear challenge to tribal land base (05/21)
Massachusetts court deals blow to tribe's sovereignty (12/10)
R.I. tribe takes smokeshop case to higher court (01/27)
R.I. to appeal Narragansett land-into-trust case (10/1)
Judge affirms Narragansett Tribe land-into-trust (9/30)
State's raid on tribal land sparks strong reactions (07/16)
Court says U.S. can protect tribe's interests (02/04)
Land still in limbo after decade-long fight (10/16)
The day the Supreme Court said no (10/16)