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
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court reverses tribal jurisdiction ruling
Wednesday, June 25, 2008
Filed Under: Law

The Cheyenne River Sioux Tribe of South Dakota does not have jurisdiction over a non-Indian bank doing business on the reservation, the U.S. Supreme Court ruled today.

In Plains Commerce Bank v. Long, tribal members sued Plains Commerce Bank of South Dakota for breach of contract and discrimination. A federal judge and the 8th Circuit Court of Appeals ruled that the bank was subject to tribal jurisdiction.

By a 5-4 vote, the Supreme Court reversed. Writing for the majority, Chief Justice John G. Roberts characterized the dispute as the sale of a fee land, rather than of one that affects a tribe's authority to regulate the activities of non-Indians on the reservation.

"The distinction between sale of the land and conduct on it is well-established in our precedent, as the foregoing cases demonstrate, and entirely logical given the limited nature of tribal sovereignty and the liberty interests of nonmembers," Roberts wrote for the court. Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined the opinion.

Justice Ruth Bader Ginsburg wrote a dissent. She said tribal courts are the proper place to resolve a dispute involving a non-Indian bank that voluntarily entered into a business agreement with tribal members.

"Sales of land -- and related conduct -- are surely 'activities' within the ordinary sense of the word," Ginsburg wrote. The dissent was joined by Justices John Paul Stevens, David Souter and Stephen G. Breyer.

Supreme Court Decision:
Plains Commerce Bank v. Long (June 25, 2008)

Relevant Documents:
Oral Argument Transcript | Docket Sheet: No. 07-411 | Briefs on the Merits

Appeals Court Decision:
Plains Commerce Bank v. Long Family Land and Cattle Company (June 26, 2007)

Lower Court Decision:
Plains Commerce Bank v. Long Family Land and Cattle Company (July 18, 2006)

Related Stories:
Supreme Court rulings awaited in Indian Country (6/24)
Ruling in Plains Commerce case expected by July (6/5)
Joe Martin: Tribal jurisdiction over non-Indians (5/1)
Opinion: Disrespect at the Supreme Court (4/28)
Supreme Court hears tribal jurisdiction case (4/15)
Legal Times: Italians and Indians at high court (4/15)
Supreme Court to hear jurisdiction case (4/14)
DOJ to join argument in tribal court jurisdiction case (4/3)
Bush brief backs tribal court jurisdiction (3/24)
Opinion: No tribal jurisdiction over non-Indians (3/3)
Supreme Court agrees to hear tribal jurisdiction case (1/8)
Appeals court upholds tribal verdict in bank loan case (6/28)
9th Circuit vacates tribal jurisdiction ruling (2/2)
Court subjects non-Indian bank to tribal laws (7/20)
Appeals court upholds tribal jurisdiction after rehearing (01/11)



Copyright © 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:
Steven Newcomb: Monuments to white supremacy harm our people (5/23)
Two more spills of oil from Dakota Access Pipeline in North Dakota (5/23)
Native woman in skirt and sandals wins ultramarathon in Mexico (5/23)
Brothers from Huichol Tribe murdered as drug war rages in Mexico (5/23)
Iowa Tribe misses deadline again to launch internet poker project (5/23)
Mississippi Choctaw citizens request vote on $25M casino project (5/23)
Documents show few meetings between Secretary Zinke and tribes (5/22)
Landowners on 2 reservations in Nebraska receive buy-back offers (5/22)
Human Rights Complaint: 'We are only letting the white people in' (5/22)
Mark Trahant: Funds for Indian health in danger under Republicans (5/22)
Cronkite News: Navajo Nation school works hard to teach language (5/22)
Harlan McKosato: DNA tests can't reveal your unique tribal history (5/22)
Gyasi Ross: Fired FBI director made sure Peltier remained in prison (5/22)
Tiffany Midge: A response to winning the cultural appropriation prize (5/22)
André Cramblit: Treasure your aunties and uncles for their histories (5/22)
Treaty tribes celebrate after court refuses to rehear salmon dispute (5/22)
Eastern Cherokee leaders open impeachment hearing against chief (5/22)
Top Interior nominee contradicts Trump on 'race' and tribal programs (5/19)
Arne Vainio: Expressing gratitude for the people we have around us (5/19)
Lawmakers dug deep to help North Dakota with #NoDAPL response (5/19)
Quapaw Tribe secures EPA grant for cleanup of contaminated lands (5/19)
Steven Newcomb: The racist and toxic roots of federal Indian policy (5/19)
Indian Country braces for worst with Trump's planned budget cuts (5/18)
Bipartisan task force announced to look into Indian Health Service (5/18)
Lawmakers push to renew Special Diabetes Program for Indians (5/18)
Albert Bender: Police slaughter of Native people rages unabated (5/18)
Steve Russell: There's a downside to impeaching Donald Trump (5/18)
Flandreau Santee Sioux Tribe cannabis consultant goes on trial (5/18)
Lower Brule Sioux Tribe repays money to address federal audit (5/18)
House passes bill to extend federal recognition to Virginia tribes (5/18)
Kalispel Tribe using bottled water at casino after contamination (5/18)
Leech Lake Band wins approval to build new casino at new site (5/18)
Tohono O'odham Nation secures victory in long-running dispute (5/17)
Dakota Access seeks to intervene in Oglala Sioux Tribe's lawsuit (5/17)
Senate Committee on Indian Affairs approves 3 bills at meeting (5/17)
Indian Health Service and 'high risk' tribal programs on agenda (5/17)
Bureau of Indian Affairs designates service area for Tejon Tribe (5/17)
Ruth Hopkins: Taxpayers footing $15M bill for DAPL private army (5/17)
Matthew Fletcher: Expect litigation after Supreme Court decision (5/17)
Alex Jacobs: Trump is starting to act like he's guilty of something (5/17)
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.