indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Supreme Court takes action on Indian law cases
Tuesday, November 2, 2004

The U.S. Supreme Court refused another Indian law case on Monday, this one dealing with the diminishment of the Mille Lacs Ojibwe Reservation in Minnesota.

Without comment, the justices rejected an appeal sought by Mille Lacs County and a private bank. The two parties have spent more than $1 million in taxpayer funds on a lawsuit claiming that the reservation no longer exists.

In March of this year, the 8th Circuit Court of Appeals dismissed the case. The court said the county and the bank lacked standing because they couldn't show how they were affected by the size of the reservation or the tribe's activities on the reservation.

"Neither the county nor the bank has shown that it is in immediate danger of sustaining threatened injury traceable to an action of the band," Judge Lavenski R. Smith wrote in the unanimous decision.

The court, however, did not decide whether the reservation exists. The county and the bank say the tribe relinquished 61,000 acres in the early 1900s.

That question could be considered in a future case, the court said, provided the county and the bank can show they are being harmed by the tribe's actions. Tribal leaders remain hopeful they can work with the county.

Mille Lacs v. Benjamin is the second major Indian law case the Supreme Court has rejected since returning to session last month. On October 18, the justices refused a case from South Dakota testing the reach of state jurisdiction in Indian Country.

South Dakota attorney general Larry Long had asked the court to allow states to go onto reservations to investigate alleged criminal activity. But the South Dakota Supreme Court said the state needs a warrant or permission from a tribal government.

Long submitted an amicus brief in Mille Lacs and supported the county's case, citing a Supreme court ruling that diminished the size of the Yankton Sioux Reservation. Separately, he is fighting the Lower Brule Sioux Tribe's attempt to reclaim land within its former reservation.

In a separate action on Monday, the high court agreed to allow the state of New York and the Department of Justice to participate in Oneida Indian Nation v. City of Sherrill. Oral arguments have not been set in the case, which centers on whether land the tribe purchases in its treaty area is Indian Country.

The Department of Justice is siding with the tribe, whose lands have been threatened with foreclosure for not paying property taxes to Sherrill. Two counties and the state are backing the city. The tribe is supported by the National Congress of American Indians, the United South and Eastern Tribes and several tribes.

Next Tuesday, the high court will hear a dispute over contract support costs in self-determination contracts. The Cherokee Nation and other tribes are suing the Department of Health and Human Services for failing to pay 100 percent of support costs.

Tribal leaders say the practice is discriminatory because the government fully funds all other types of contracts. A bill is pending in Congress to correct the disparity.

Mille Lacs v. Benjamin:
Supreme Court Docket Sheet | Decision in Mille Lacs v. Benjamin (March 9, 2004) | Denial of Rehearing (May 19, 2004) | Audio of Oral Arguments (October 24, 2003)

Oneida Indian Nation v. City of Sherrill:
Majority Opinion | Van Graafeiland Dissent | Briefs | Docket Sheet No. 03-855

Cherokee Nation:
Fed Circuit: Thompson v. Cherokee Nation | 10th Circuit: Cherokee Nation v. Thompson | Docket Sheet No. 03-853: Thompson v. Cherokee Nation | Docket Sheet No. 02-1472: Cherokee Nation v. Thompson | Department of Justice Petition No. 03-853 | Department of Justice Supplemental Brief No. 02-1472

Relevant Links:
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html

Related Stories:
Mille Lacs diminishment case before Supreme Court (10/22)
South Dakota challenge to tribes rejected by high court (10/19)
Tribes file briefs in Oneida Nation land case (10/18)
Court won't rehear challenge to tribal land base (05/21)
Supreme Court to resolve self-determination dispute (03/23)
Minn. tribe wins another round in reservation dispute (03/10)
Supreme Court weighs self-determination dispute (03/09)

Copyright 2000-2004 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Indian Country shares spotlight at Democratic National Convention (7/27)
Recap: Native American Council at Democratic National Convention (7/27)
Lakota Country Times: SuAnne Big Crow Center focuses on fitness (7/27)
Native Sun News: Tribal college showcases works of Lakota artists (7/27)
Vi Waln: Too many of our own people continue to smoke cigarettes (7/27)
Andre Cramblit: Growing wiser in my return to Dartmouth College (7/27)
Indian Country makes presence known at Democratic convention (7/26)
Tim Giago: Questioning the motto of GOP candidate Donald Trump (7/26)
Lakota Country Times: Oglala team lands Indian relay title again (7/26)
Native Sun News: Tribes honor author of Indian Child Welfare Act (7/26)
Delphine Red Shirt: Let's eat food that's always been good for us (7/26)
Peter d'Errico: Luci Tapahonso tackles legacy of boarding schools (7/26)
Donald Trump tried to partner with Agua Caliente Band on casino (7/26)
Native American Council meets at Democratic National Convention (7/25)
Police officer cleared over fatal shooting of Navajo Nation woman (7/25)
Doug George-Kanentiio: Donald Trump and his campaign of hatred (7/25)
Native Sun News: Tribal advocate focuses on Great Plains efforts (7/25)
Lakota Country Times: Descendants of Pine Ridge legend gather (7/25)
Johnny Rustywire: Navajo mother works hard at motel for family (7/25)
Alex Jacobs: Nation finally admits problem with policing and race (7/25)
Dwaine Perry: Ramapough Lunaape Nation marching for justice (7/25)
Charges filed for assault on disabled member of Nisqually Tribe (7/25)
Man arrested for American Indian Movement flag settles lawsuit (7/25)
Interior Department consults tribes about new trust reform law (7/22)
Training sessions planned for final Indian Child Welfare Act rule (7/22)
Yurok Tribe shares sad news about salmon festival -- no salmon (7/22)
Mark Charles: An entire nation's big problem with Donald Trump (7/22)
Mark Trahant: Donald Trump promises a world with no treaties (7/22)
Native Sun News: Appeal delays release of Keepseagle checks (7/22)
Lakota Country Times: Oglala Sioux Tribe hosts walk for cancer (7/22)
James Giago Davies: Police officers get away with 'kill option' (7/22)
Andre Cramblit: Police officer shootings seem far too common (7/22)
Donald Trump closes convention that left out Indian Country (7/22)
New law in Oklahoma goes against Indian Arts and Crafts Act (7/22)
NMAI seeks input from tribes about veterans memorial in DC (7/22)
Blackfeet Nation swears in leaders and looks to a new future (7/22)
Coeur d'Alene Tribe kicks off popular powwow after absence (7/22)
Mashpee Wampanoag Tribe declares emergency over opioids (7/22)
Review: Hard look at drugs in Indian Country in 'Seventh Fire' (7/22)
State takes blame for sharing Tohono O'odham Nation minutes (7/22)
Pokagon Band debuts expansion of gaming facility in Michigan (7/22)
Karuk Tribe ready for groundbreaking on long-awaited casino (7/22)
California remains a battleground for Indian Child Welfare Act (7/21)
Yurok Tribe launches operation to rid reservation of marijuana (7/21)
Laguna Pueblo loses case linked to military contract kickbacks (7/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.