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
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Supreme Court called less sympathetic to Indians
Thursday, April 7, 2005

For many decades, the U.S. Supreme Court was a place tribes and individual Indians could look to obtain justice. But observers say the court's latest ruling involving the Oneida Nation shows how the tables have turned.

"I've been in this business 35 years, and I would certainly say that over the last 20 years, the courts have been less sympathetic to Indian issues," Tim Weaver, an attorney for the Yakima Nation of Washington who has argued before the court twice, told The Oneida Observer-Dispatch.

Robert Odawi Porter of Syracuse University's Center for Indigenous Law, Governance & Citizenship said the court took the case only to reverse it. He said the decision was unfair because it sanctioned the theft of the tribe's land.

But people on the other side of the case say their views were finally heard, for the first time, by the high court. The city of Sherrill, the smallest in New York, and other communities plan to impose taxes on the Oneida Nation because the court held that the tribe's newly acquired properties cannot be considered Indian Country without going through the land-into-trust process.

Critics of the tribe and Indian policy also say the decision calls into question five land claim settlements in New York. Three out-of-state tribes whose ancestors left New York more than 100 years ago would be allowed to return and assert some governmental rights.

Meanwhile, local officials are considering sending tax bills to the Oneida Nation, the Cayuga Nation and the Seneca-Cayuga Tribe of Oklahoma. The tribes have acquired land without going through the land-into-trust process.

In an editorial, The Auburn Citizen endorses the collection of taxes. "This county has waited more than two decades for the nation's highest court to resolve this legal issue, and as a result lost tens of thousands of dollars in unpaid taxes from the Cayuga Indian Nation and the Seneca-Cayuga Tribe of Oklahoma," the paper says. "Each day those funds go uncollected is another day of money lost for all of the taxpayers living here."

Get the Story:
How Sherrill won its case (The Oneida Observer-Dispatch 4/7)
3 Indian businesses may face foreclosing (The Syracuse Post-Standard 4/7)
Local people testify at Albany land claim hearing (Journal Register News Service 4/6)
Editorial: No reason to stall on Indian tax collection (The Auburn Citizen 4/7)

Get the Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Relevant Links:
Oneida Nation - http://www.oneida-nation.net
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html

Decision in Oneida Indian Nation v. City of Sherrill:
Majority Opinion | Van Graafeiland Dissent

Decision in Cayuga Indian Nation v. Village of Union Springs:
Decision | Order (April 23, 2004)

Related Stories:
Fallout from Supreme Court ruling on Oneida Nation (4/6)
BIA official calls high court ruling 'quite depressing' (03/31)
Major defeat for Oneida Nation in Supreme Court case (3/30)
Pataki, city, foes pleased with Oneida Nation ruling (3/30)
Major defeat for Oneida Nation in Supreme Court case (3/29)
Oneida Nation ruling could impact land claims (01/13)
Passage of time at issue in Oneida Nation case (01/12)
Oneida Nation wants court to uphold promises (1/12)
Supreme Court rejects two Indian law cases (1/12)
Supreme Court to hear Oneida Nation land dispute (1/10)
New York municipalities pony up for court brief (12/14)
Hearing set for Oneida Nation treaty rights case (11/12)
Supreme Court takes action on Indian law cases (11/02)
Tribes file briefs in Oneida Nation land case (10/18)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court to hear dispute over Oneida Nation land (06/29)
Oneida Nation sees support in Bush administration brief (06/08)
Appeal planned in Cayuga Nation land rights case (04/30)
Cayuga Nation land rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Supreme Court asks for DOJ brief in Oneida case (02/24)
Bill would terminate out-of-state sovereign rights (09/26)
Appeals expected in Seneca-Cayuga Tribe's land case (09/10)
Judge to decide fate of Seneca-Cayuga Tribe's land (9/9)
Cayuga tribes slowly reclaiming ancestral territory (09/02)
Okla. tribe says court decision bolsters case (07/24)
Cayuga Nation welcomes Indian Country decision (07/23)
Oneida Nation wins treaty lands case (7/22)

Copyright 2000-2005 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:
Native Sun News: Ex-Rapid City police chief admits erasing tape (5/28)
Erik Stegman: Native youth subjected to racism and stereotypes (5/28)
Spiritual leader of Lipan Apache Tribe back in court over feathers (5/28)
Nebraska ends death penalty in historic and close veto override (5/28)
Native Sun News: EPA hears Native views about uranium mining (5/27)
Renae Yellowhorse: Navajo Nation can't cede power to outsiders (5/27)
Donna Loring: Politicians circle the wagons around Maine tribes (5/27)
David Treuer: Andrew Jackson turned on Cherokee Nation allies (5/27)
NCAI responds to criticism from Rep. Young on land-into-trust (5/27)
Lawsuit challenges constitutionality of Indian Child Welfare Act (5/27)
Hopi Tribe seeks to prevent auction of sacred property in France (5/27)
Indian students face harsh punishment at public schools in Utah (5/27)
Menominee Nation school sees dramatic rise in graduation rate (5/27)
Poarch Creeks planning family-friendly entertainment at project (5/27)
Coquille Tribe names executive at economic development entity (5/27)
Cherokee law students eager for summer work on Indian issues (5/27)
USDA sends $125K to Indian economic development corporation (5/27)
County by Pine Ridge Reservation receives justice service grant (5/27)
Rep. Ann Kirkpatrick to challenge Sen. John McCain in 2016 race (5/27)
Law Article: Indian inmate wins religious rights suit in Wisconsin (5/27)
Alaska Native corporation holds election for five seats on board (5/27)
Blood Tribe combats rise in abuse of extremely dangerous drug (5/27)
First Nations housing program brings just 99 homes to reserves (5/27)
Supreme Court won't hear challenge to Graton Rancheria casino (5/27)
Kialegee Tribal Town given extension to respond in gaming case (5/27)
Quapaw Tribe looks to dispel concerns about casino in Arkansas (5/27)
Pokagon Band faces hurdles in plan to develop casino in Indiana (5/27)
California tribes still divided over efforts to legalize online poker (5/27)
Native Sun News: Northern Cheyenne Tribe tackles school truancy (5/26)
Mark Trahant: Native village secures return of ancestral territory (5/26)
Secretary Jewell leads delegation to Indian school in Oklahoma (5/26)
Updated witness list for SCIA hearing on economic development (5/26)
Senate Indian Affairs Committee schedules meeting and hearing (5/26)
Mary Ann Andreas: Candidates must keep informed about tribes (5/26)
Steve Russell: National sovereignty cannot cloak all evil conduct (5/26)
Gabriel Galanda: The tide is turning against tribal disenrollments (5/26)
Vince Two Eagles: Summertime means powwows and Sundances (5/26)
Boyd Cothran: America moves from Civil War to the Indian Wars (5/26)
Vivian Delgado: Native college graduates mark a rite of passage (5/26)
Blackfeet Nation adds 162 names to Montana veterans memorial (5/26)
Native women compete in first Miss Indigenous Ecuador contest (5/26)
Lower Brule Sioux Tribe asks BIA to inspect financial documents (5/26)
Maine tribes hold rally after withdrawing from state Legislature (5/26)
Chemehuevi Tribe to reopen elementary school on reservation (5/26)
Arguments heard in lawsuit over federal judge's racist e-mails (5/26)
Appropriations bill allows VA hospitals to recommend marijuana (5/26)
Editorial: Navajo Nation leader makes right call on Grand Canyon (5/26)
Opinion: Andrew Jackson led horrifying campaigns against tribes (5/26)
Cayuga Nation Leaders: Tribe hasn't authorized gaming facilities (5/26)
Pair last seen at San Pasqual casino found on nearby reservation (5/26)
Chukchansi Tribe remains in talks with NIGC for casino reopening (5/26)
Pala Band finishes $5.7M casino renovation in just a few months (5/26)
Leader of Sandia Pueblo accused of preventing arrest at casino (5/26)
Tim Giago: Boot camp etched forever into the minds of veterans (5/25)
Native Sun News: Newspaper comes home with 14 media awards (5/25)
Gyasi Ross: Martin Sensmeier lands role in major Hollywood film (5/25)
Andre Cramblit: Let's see some real Indian actors on the screen (5/25)
Steven Newcomb: U.S. perpetuates dominance over our nations (5/25)
Valerie Goodness: Don't ignore indigenous ecological knowledge (5/25)
Peter d'Errico: Lawmakers kill bill for indigenous rights in Canada (5/25)
Matthew Scraper: ICWA opponents wrong to cite blood quantum (5/25)
Judge at center of ICWA lawsuit in South Dakota stripped of title (5/25)
Native Sun News: Northern Cheyenne student receives top honor (5/22)
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.