Supreme Court considers Indian law cases

Law

Tuesday, September 30, 2008

The U.S. Supreme Court on Monday considered four Indian law cases as it began work for the October 2008 term.

The justices, however, won't be announcing today whether or not they will hear the cases, SCOTUSBlog reported. Announcements may come later this week.

The blog's lawyers put the four cases on its list of "petitions to watch." They are:

Docket: 07-1109
Case name: Kickapoo Traditional Tribe of Texas v. Texas, et al.
Issue: Whether, under Seminole Tribe v. Florida (1996), the Secretary of the Interior may establish procedures for Indian gaming if a state declines to enter a compact with the Tribe and invokes immunity from suit under the Eleventh Amendment.

Opinion below (5th Circuit)
Petition for certiorari
Brief in opposition (Federal respondent)
Brief in opposition (Texas)
Petitioner’s reply
Amicus brief of Jena Band of Choctaw Indians, et al. (in support of petitioner)

Docket: 07-1372
Case name: Hawaii, et al. v. Office of Hawaiian Affairs, et al.
Issue: Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.

Opinion below (Supreme Court of Hawaii)
Petition for certiorari
Brief in opposition
Petitioner’s reply
Brief amicus curiae of Pacific Legal Foundation (in support of petitioner)
Brief amicus curiae of Commissioner of Public Lands for the State of New Mexico (in support of petitioner)
Brief amici curiae of Washington, et al. (in support of petitioner)

Docket: 07-1410
Case name: United States v. Navajo Nation
Issue: Whether the Court’s prior decision in United States v. Navajo Nation (2003) foreclosed a finding that the government breached fiduciary duties in connection with Indian coal lease amendments.

Docket: 07-1484
Case name: Kemp v. Osage Nation
Issue: Whether, under the Eleventh Amendment, a Native American tribe may seek to enjoin a state from collecting taxes from members employed by the tribe on grounds the entire county in which they reside is “Indian country” under federal law.