Land-into-trust argument fight gets even more nasty
Thursday, October 9, 2008
Filed Under:
Law
|
Trust
A dispute over who will present the state of Rhode Island's views in a land-into-trust case before the
U.S. Supreme Court is getting even more nasty as the November 3 hearing approaches.
Joseph Larisa Jr., the assistant solicitor for Indian Affairs in the town of
Charlestown, wants a coin toss to determine who will argue
Carcieri
v. Kempthorne. That has
Attorney General Patrick Lynch calling Larisa an "oppositional, defiant toddler" with a massive ego.
"We don’t think it’s appropriate to engage in a coin toss with a part-time solicitor of a town," a spokesperson for Lynch told The Providence Journal. The only thing that has made this the controversy that is it is Joe Larisa’s ego, which is astounding."
Lynch and
Gov. Donald Carcieri (R) want
Theodore B.
Olson, a former Bush administration official, to present the case. Olson was in charge of Supreme Court cases for President Bush and has argued before the court 50 times.
At issue is whether the
Narragansett
Tribe 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.
Get the Story:
State, town can’t agree on who argues tribal land case
(The Providence Journal 10/9)
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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:
Attorneys at 'impasse' for land-into-trust
arguments (10/8)
U.S. Supreme Court
adds Indian law cases to docket (10/7)
Arguments still not settled in land-into-trust case
(10/7)
Narragansett Tribe won't argue at
Supreme Court (10/6)
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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