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Law
Supreme Court refuses Delaware Tribe's case


The U.S. Supreme Court on Monday refused to consider whether Delaware Tribe of Oklahoma should be federally recognized.

The tribe was kicked off the list of federally recognized entities earlier this year after the Cherokee Nation succeeded in reversing a Bureau of Indian Affairs decision that favored the Delawares.

The Delaware Tribe appealed to the high court but the justices, without comment, refused to hear Cherokee Nation v. Norton, No. 04-1368 [Case Documents].

The Delawares were made a part of the larger Cherokee Nation by an 1867 agreement and an 1866 treaty. The 10th Circuit Court of Appeals said the BIA failed to adequately consider this history in recognized the Delawares as a separate entity.

The Cherokees say they are trying to protect their sovereignty. The Delawares would operate in the same jurisdictional area as the Cherokees.

Get the Story:
Court refuses to hear tribe's appeal (The Oklahoman 10/4)
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10th Circuit Decision:
Cherokee Nation v. Norton (November 16, 2004)

Lower Court Decision:
Cherokee Nation v. DOI (7/23)

Relevant Documents:
Federal Register Notice/Ada Deer Announcement (September 1996)

Relevant Links:
Delaware Tribe of Indians - http://www.delawaretribeofindians.nsn.us
Cherokee Nation - http://www.cherokee.org

Related Stories:
Delaware Tribe kicked off federally recognized list (03/22)
Delaware Tribe loses separate federal status (11/17)
'Fight the Cherokee Nation until hell freezes over' (11/17)
Oklahoma tribes lead pack in out-of-state land claims (08/16)
Delaware Tribe wants out-of-state land for casino (10/19)
Delaware Tribe seeks land in Kansas for gaming (04/23)
Delaware tribal ties to Penn. uncontested (05/20)
Delaware ancestor was granted 315 acres in Penn. (5/16)
Delaware tribal status dispute continues (08/01)
Okla. tribe seeks Cherokee independence (7/31)
Clinton signs a final Indian bill (12/29)