Law | Politics

9th Circuit hears arguments in Timbisha Shoshone Tribe dispute






YouTube: Oral Arguments: 13-16182 Timbisha Shoshone Tribe v. US Department of the Interior

The 9th Circuit Court of Appeals heard arguments on Monday in a long-running dispute within the Timbisha Shoshone Tribe of California.

Several former leaders of the tribe say the Bureau of Indian Affairs repeatedly interfered with their self-governance. Former assistant secretary Larry Echo Hawk ordered a council election in 2011 that eventually led to a secretarial election in which a new constitution was adopted in 2014.

The former leaders believe people who aren't eligible for membership were allowed to vote in the secretarial election. Former assistant secretary Kevin Washburn rejected their challenges in a May 2014 decision that was posted by Turtle Talk.


Indianz.Com SoundCloud: Oral Arguments in Timbisha Shoshone Tribe v. US Department of the Interior

Both the Department of Justice and the current tribal council are arguing that the former leaders should not be allowed to pursue their case. Due to term limits, they say the former leaders would not be able to remain in office even if the 2011 election was thrown out.

An attorney for the former leaders, however, told the 9th Circuit that Echohawk's 2011 decision represents "the fruit of the poisonous tree" and that all subsequent actions -- including the adoption of a new constitution -- are invalid, Courthouse News Service reported.

Turtle Talk has posted briefs from the case, Timbisha Shoshone Tribe v. Department of the Interior.

Get the Story:
Feds' Meddling at Heart of Tribe's Appeal (Courthouse News Service 1/4)

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