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Still no agreement on land-into-trust hearing
Friday, October 31, 2008
Filed Under: Law | Trust

Rhode Island Gov. Donald Carcieri (R) is making a last-minute appeal to the U.S. Supreme Court in hopes of figuring out who will represent the state in Monday's land-into-trust hearing.

Carcieri wants the court to designate Theodore B. Olson, a former Bush administration attorney, as the state's sole presenter. He made the request after trying, unsuccessfully, to get officials in the town of Charlestown to stop supporting their Indian affairs solicitor, Joseph Larisa Jr.

Carcieri and Attorney General Patrick Lynch claim the court could cancel the hearing because the state hasn't resolve its dispute. They have slammed Larisa repeatedly, calling him childish and selfish.

At issue in Carcieri v. Kempthorne 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 jurisdiction over them.

Get the Story:
Decision on lawyer in Indian land case goes to final bell (The Providence Journal 10/31)
R.I. officials fed up with squabble over speaking time at U.S. Supreme Court (Legal Newsline 10/30)

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:
Rhode Island governor angry over hearing impasse (10/30)
SCOTUSBlog: Jockeying for land-into-trust hearing (10/30)
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)



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