"Two things immediately spring to mind on the denial of the Oneida land claims petitions.

The first is that the federal government’s persuasive oomph (with the OSG as the so-called “Tenth Justice”) loses a ton of force when siding with tribal interests. No big surprise to me there. But it must be a little strange for the Justices to see the United States so vehemently demanding to be let off the hook for their breaches of trust toward Indian tribes in Tohono O’odham and Jicarilla and almost in the same breath ask for the Court to review Indian land claims dismissals. The government’s filings before the Court in Indian affairs are two-sided, even a little schizophrenic.

Second, Justice Ginsburg seems to be stepping in Justice Stevens’ role as the the most senior Justice with an interest in limiting the damage to tribal interests in the Supreme Court."

Get the Story:
Commentary on Supreme Court’s Denial of Oneida Land Claims Petitions (Turtle Talk 10/17)

2nd Circuit Decision:
Oneida Nation v. Oneida County/Madison County (August 9, 2010)

Related Stories:
Supreme Court declines to take up Oneida Nation land claim (10/17)
No action from Supreme Court on Oneida Nation's land claim (10/11)
Still nothing from Supreme Court on Oneida Nation land claim (10/3)
No word from Supreme Court on Oneida Nation land claim appeal (9/27)
Deadline approaching for Oneida Nation to appeal land claim (5/3)
Oneida Nation 'of course' plans to appeal decision on land claim (8/11)
Turtle Talk: Oneida Nation ruling kills Eastern tribal land claims (8/10)
New York counties celebrate ruling in Oneida Nation land claim (8/10)
2nd Circuit rules against Oneida Nation in long running land case (8/9)