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A busy first day for Supreme Court
TUESDAY, OCTOBER 8, 2002 The first day of the October 2002 term of the U.S. Supreme Court was eventful not for any rulings handed down but for what was rejected. About 2,000 appeals were turned down on Monday the nine Justices. In usual fashion, the Court provided no comment or reason for the denials. That was good news for Indian Country in a couple of instances. For example, two challenges to the authority of tribal courts were rejected. In Tang v. Northern Cheyenne Tribe, No. 01-10576, a man was challenging the Northern Cheyenne Tribe's authority over a child custody case. In Bank One v. Shumake, No. 01-1732, a bank disputed arbitration in Mississippi Band of Choctaw tribal court. Both cases were returned to their respective tribal court systems by yesterday's actions. The rest of the bunch was mixed for tribal rights. They included a snub to the Tigua Tribe of Texas in Ysleta del Sur Pueblo v. Texas, No. 01-1671. The tribe is trying to assure its right to game in opposition from the state of Texas. (See Tigua Tribe loses shot at appeal, October 7, 2002). Sault Ste. Marie Tribe of Chippewa Indians v. Ernest I. Young, No. 01-1786, also was negative for the Michigan tribe affected. The dispute involved a limited waiver of sovereign immunity that forced arbitration of an employment dispute. Dawavendewa v. Salt River Project, No. 01-1762 was positive for the Navajo Nation because it stayed away from sovereign immunity. But it was not the same for Harold Dawavendewa, a Hopi tribal member. His complaints against a pro-Navajo employment policy will go unheard. In Ramapough Mountain Indians v. Norton, No. 01-1703, a New Jersey tribe's battle for federal recognition was dealt a final blow. The tribe can pursue Congressional remedies for status. Finally, the Court rejected a non-Indian man's attempt to sell Indian artifacts. Kornwolf v. U.S., No. 01-1534, challenged federal laws protecting eagle feathers and eagle parts. (See Appeals court upholds eagle protection laws, January 17, 2002). Mountain States Legal Foundation, a conservative legal group, argued that Supreme Court rulings on Indian property rights helped Timothy Kornwolf. (See Group bolsters argument with Indian law, June 12, 2002). The Justices expressed no position on the issue yesterday. A related case could provide reason to act, however. The 10th Circuit Court of Appeals has ordered the return of eagle feather items to a man whose tribe is no longer recognized by the federal government. But the court wasn't able to resolve the status of two non-Indians who say they hold Native religious beliefs. The case is still being examined in the federal system. (See Eagle feather ruling leaves open questions August 6, 2002). Relevant Documents: Supreme Court Order List (October 7, 2002) Relevant Links: U.S. Supreme Court - http://www.supremecourtus.gov Related Stories: Supreme Court beginning new term (10/1) |
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