"My guess is no, but there’s a possibility that the Court will hold the case for a period of time to allow for Congress to decide on the settlement. Not sure what the precedent is for that, however, without the government asking for a hold.
The real question, in my mind, is whether the Cobell plaintiffs should want the Supreme Court to hear this case at all. Recall the Sherrill case, where the Court adopted an unprecedented form of laches coupled with other equitable defenses that effectively nullified the ability of the Oneida Indian Nation to restore its reservation land base through simple repurchase of the land. The lower courts in Cobell did something similar, adopting a theory of impossibility (yet another equitable defense) to reject the Cobell plaintiffs argument that the government must account for all funds.
Luckily, I think, the government opposes the cert petition. And when the federal government opposes a tribal cert petition, they’re almost always denied."
Get the Story:
Will Cobell Be a Grant?
(Turtle Talk 6/23)
American Jobs and Closing Tax Loopholes Act:
Press
Release: Baucus, Levin To Release Joint Legislation To Create Jobs, Extend Tax
Cuts for Families and Businesses, Support Americans Looking for Work | Background
and More Information
Cobell Settlement Documents:
Agreement
| Press
Release | Q&A
| Audio
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