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Narragansett Tribe won't argue at Supreme Court
Monday, October 6, 2008
Filed Under: Law | Trust

The Narragansett Tribe won't be allowed to present its side of a land-into-trust dispute before the U.S. Supreme Court.

The justices issued an order today that rejected the tribe's request for time to argue at the November 3 hearing. The order also denied the the town of Charlestown a chance to present its side.

Gov. Donald Carcieri (R) and Attorney General Patrick Lynch both sought to divide their time at the arguments but the order said only one side should be allowed. The state is being represented by former Bush administration attorney Theodore B. Olson.

At issue is whether the Narragansetts can acquire land under the Indian Reorganization Act even though the tribe wasn't recognized at the time of the act's passage in 1934. If the tribe can acquire new lands, the state claims it has jurisdiction over them.

Supreme Court Documents:
Docket Sheet | Questions Presented | Order List

1st Circuit Decisions:
En Banc (July 20, 2007) | Panel (February 9, 2005)

Briefs and Other Documents:
Carcieri v. Kempthorne (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Related Stories:
SCOTUSBlog: Narragansett land-into-trust case (9/17)
Former Bush lawyer paid $200K for land-into-trust case (9/12)
State argues over arguments in land-into-trust case (9/8)
Former Bush lawyer to argue land-into-trust case (6/6)
Court takes land-into-trust case (2/26)
U.S. Supreme Court accepts land-into-trust case (2/25)
High court weighs Narragansett land-into-trust (2/22)
Groups file brief in pending land-into-trust case (02/06)
Supreme Court brief backs land-into-trust (1/29)



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