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
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
SCOTUSBlog: Jockeying for land-into-trust hearing
Thursday, October 30, 2008
Filed Under: National

"At 1 p.m. next Monday, an attorney will step to the Supreme Court’s podium to open the argument in a case pitting the rights of states against the rights of Indian tribes and the power of the federal government. But, with that argument edging ever closer, the identity of that advocate is still not settled.

The Supreme Court finds itself in the midst of what one lawyer involved calls “this impasse” over who gets to speak first, or at all, in the first half of the argument in Carcieri v. Kempthorne (07-526). Court aides have tried repeatedly to get the three parties lined up on that side of the case to settle on one attorney, but so far that effort has failed.

Three parties joined a year ago in asking the Supreme Court to hear the case, testing the power of the U.S. Interior Secretary to approve the Narragansett Indian Tribe’s request to have a 31-acre parcel of land it owns in the town of Charlestown, R.I., placed in trust for the tribe. All three petitioners — Rhode Island’s Governor Donald L. Carcieri, the state itself, and the town of Charlestown — were united in the claim that the federal government has no authority to do that for the Narragansetts. The Court granted review Feb. 25.

Each of the three has since filed its own brief. For oral argument, however, that side gets only 30 minutes. Each of the three previously asked the Court for a chance to send a lawyer to represent it to the podium, splitting up the 30 minutes. The governor and the state attorney general wanted to split the time, and a lawyer for Charlestown also wanted to split the time with the state. (The Narragansetts sought to join in, too, as an amicus.) All pleas for divided argument time have been rejected by the Court, and all three parties on the top side have been told to settle it among themselves."

Get the Story:
Jockeying for the podium (SCOTUSBlog 10/29)

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:
Fight over land-into-trust hearing continues (10/28)
'Childish' fight over land-into-trust arguments (10/24)
Town backs lawyer to argue land-into-trust case (10/17)
Column: Land-into-trust case an important one (10/15)
Town weighs land eyed by Narragansett Tribe (10/15)
Prosecutors seek alibis in Aquash murder case (10/15)
Land-into-trust argument fight gets even more nasty (10/9)
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)



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:
High court pick acknowledges poor treatment of 'sovereign' tribes (3/22)
Dakota Access submits another status update entirely under seal (3/22)
Court allows claim for alleged underpayment in Cobell settlement (3/22)
South Dakota tribes continue to extend Class III gaming compacts (3/22)
Cowlitz Tribe secures approval to offer liquor as casino debut nears (3/22)
Native Sun News Today: Community project continues at Pine Ridge (3/22)
Cronkite News: Copper mine on sacred site complains about delays (3/22)
Mary Annette Pember: Awareness for missing and murdered sisters (3/22)
Stacy Pratt: Visiting the gravesite of Andrew Jackson in Tennessee (3/22)
Murder charge filed for fatal shooting of Navajo Nation police officer (3/22)
Muckleshoot Tribe still seeking answers for fatal shooting by officer (3/22)
Hopland Band submits claim for county raid of marijuana operation (3/22)
Chukchansi Tribe sued for $21M by gaming development company (3/22)
Seminole Tribe accused of breaking contract with outlet at casino (3/22)
Indian Child Welfare Act survives attack from conservative groups (3/21)
Senate Committee on Indian Affairs schedules hearing on diabetes (3/21)
Ponca Tribe hosts 282-mile walk to retrace trail of forced removal (3/21)
National Indian Gaming Association honors Native casting director (3/21)
Native Sun News Today: Whiteclay liquor sales up for review again (3/21)
James Giago Davies: It's time to take a trip to the Great Upstairs (3/21)
Smith and Wakefield: Obamacare repeal is bad for Indian Country (3/21)
Steve Russell: Domestic status of Indian nations invented in 1831 (3/21)
Steven Newcomb: Pope Francis must address domination legacy (3/21)
Tulalip Tribes install 1st leadership board with women in majority (3/21)
Osage Nation passes referendum to legalize same-sex marriage (3/21)
Mishewal Wappo Tribe returns to court to seek federal recognition (3/21)
Lawmakers pushing for federal recognition of six tribes in Virginia (3/21)
Cowlitz Tribe casino seen as impacting lottery revenues in Oregon (3/21)
Mohegan Tribe announces plan for $80M casino convention center (3/21)
North Dakota Republican keeps pushing bill for non-Indian casinos (3/21)
Supreme Court nominee fares well in review of Indian law record (3/20)
Dakota Access won't reveal latest status of pipeline to the public (3/20)
Cheyenne River Sioux Tribe sees another Dakota Access setback (3/20)
Hopi Tribe and Native activists lose cases over aging power plant (3/20)
Supreme Court considers petition in tribal land-into-trust dispute (3/20)
Oneida Nation prevails as Supreme Court declines immunity case (3/20)
Tim Giago: Indian Health Service fails to abide by treaty obligation (3/20)
Native Sun News Today: Oglala Sioux Tribe battles uranium mining (3/20)
Mary Annette Pember: It's sugar bush time across Ojibwe country (3/20)
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.