Turtle Talk: Obama's Supreme Court nominees

Law | Politics

Wednesday, November 12, 2008

"Now that the election is over, the commentaries on who President Obama might nominate to serve on the Supreme Court have begun in earnest. The crop of leading names, all of which is crazily speculative, are very exciting in general. There may be more Indian law judicial and practitioner experience in this group than ever before.

Here are a list of the more prominent names, taken from the ABA Journal’s list on page 63 of its November 2008 issue, and their import for Indian Country based on their experience in Indian law cases:

1. Judge Diane Wood

Judge Wood sits on the Seventh Circuit, which doesn’t hear very many Indian law cases, but she does have a significant track record.

She wrote the majority opinion in U.S. v. Long (2003), in which the court upheld the Duro fix prior to the Supreme Court’s decision in U.S. v. Lara. In Wisconsin v. EPA (2001), she wrote the majority opinion, in which the court held that the EPA’s decision to grant treatment-as-state status to the Sokaogon Chippewa Community was reasonable. In Sokaogon Chippewa Community v. Babbitt (2000), she wrote the majority opinion in a case the court held it was reasonable for the district court to reject the St. Croix Chippewa Tribe’s motion to intervene in a gaming case involving three other Wisconsin tribes. In Thomas v. United States (1999), she wrote the majority opinion holding that the LCO Chippewa Band’s tribal council was not a necessary party to a claim challenging the outcome of a Secretarial election. Most recently, in Burgess v. Walters (2006), she wrote the majority opinion upholding the State of Wisconsin’s action in committing an Indian based on the PL280 criminal/prohibitory — civil/regulatory analysis.

Without a doubt, Judge Wood’s opinions in her several Indian law cases demonstrate that she is very respectful to Indian tribes and to tribal sovereignty. Wisconsin and Long could have easily gone the other way. Even in the cases she were rules against tribal interests, she does not denigrate Indians and tribes in any way."

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Commentary on Possible Obama SCT Nominees (Turtle Talk 11/11)