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Supreme Court Update: 2001-2002 Term
TUESDAY, JUNE 11, 2002 In contrast to previous years, the Supreme Court has refused to take a number of Indian law disputes this term. So far, the Justices have accepted just two cases but their ruling of course will have a significant impact on Indian Country. Oral arguments in the Navajo / White Mountain Apache trust case are expected later this fall. In the meantime, here's a list of some disputes the Justices have been asked to resolve. Sovereign immunity A non-Indian couple wants to sue the Gila River Tribe of Arizona. Ross B. Linneen and Kim Ann Linneen allege their civil rights were violated when they were stopped by a tribal ranger who cited the pair for criminal trespass, charges which were later dismissed. The 9th Circuit Court of Appeals in January found that the tribe and the ranger enjoyed sovereign immunity. The Linneen subsequently filed a petition for writ of certiorari in March. The briefing process has completed and the Supreme Court will consider the case in a conference session on June 20. Relevant Documents: Supreme Court Docket Sheet: No. 01-1462 | Linneen v. Gila River Indian gaming The Ysleta Del Sur Pueblo of Texas (Tigua Tribe) finally lost a long battle to keep its successful casino open and is seeking one final shot before the Supreme Court. The 5th Circuit Court of Appeals in January affirmed a federal judge's order to shut down the casino. Supreme Court Justice Anthony Kennedy in February refused to put the closure on hold pending review. The tribe submitted its petition May 13 and the response from Texas is due June 14. Relevant Documents: Supreme Court Docket Sheet: No. 01-1671 Relevant Links: Speaking Rock Casino - http://www.speakingrockcasino.com/index.html Office of Attorney General, Texas - http://www.oag.state.tx.us Selected Stories: The Tigua Tribe: Texas' social ill (4/24) Tribal jurisdiction Several members of the Mississippi Band of Choctaws are in a dispute with a credit card company, alleging a financing deal was handled improperly. They sued in tribal court to compel Bank One to arbitration. The company subsequently asked the federal courts to dismiss the case. The 5th Circuit Court of Appeals in February refused and said Bank One didn't exhaust its appeals in the tribal court system. Bank One filed its petition on May 22, enlisting high-powered attorney Laurence Tribe. The tribal members' response is due June 28. Relevant Documents: Supreme Court Docket Sheet: No. 01-1732 | Bank One, N.A. v. Shumake Tribal courts A man involved in a child custody matter has questioned the authority of the Northern Cheyenne Tribe of Montana. He alleges his civil rights were violated when the tribe's court took on the case. The 9th Circuit Court of Appeals in February dismissed the case and cited Eddie Tang's failure to cite appropriate claims. Tang was referred back to the tribe under the exhaustion principle. The tribe's response to Tang's petition is due June 5. Relevant Documents: Supreme Court Docket Sheet: No. 01-10576 Federal recognition The Ramapough Mountain Indians of New York and New Jersey were denied federal acknowledgment in 1998 after an extensive and lengthy appeals process within the Department of Interior. The tribe then sought judicial review. The Federal Circuit Court of Appeals in December 2001 rejected the tribe's claims that the final determination was faulty. While a three-judge panel in an unpublished opinion said the tribe had strong arguments against the Interior, they refused to recognize the tribe or order a reconsideration. The tribe submitted its petition and materials on May 16. The department's response is due June 21. Relevant Documents: Supreme Court Docket Sheet: No. 01-1703 Environmental resources Non-Indians are challenging protection of bald and golden eagles. One case involves Timothy Kornwolf, who sold eagle feathers obtained prior to the enactment of two federal laws. Kornwolf was turned away by the 8th Circuit Court of Appeals, which ruled in January that the laws don't violate the U.S. Constitution. He filed his petition April 11. An amicus brief by the property-rights group Mountain States Legal Foundation was filed April 26. The federal government has until June 17 to respond. Relevant Documents: Supreme Court Docket Sheet: No. 01-1534 | Kornwolf v. U.S Selected Stories: Appeals court upholds eagle protection laws (1/17) Other Supreme Court Updates: Supreme Court: The 2001-2002 Term (2/19) Supreme Court Roundup: The 2000-2001 Term (6/19) Supreme Court: The 2000-2001 Term (3/6) |
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