Supreme Court asks DOJ for views in Osage diminishment case

Tuesday, February 22, 2011  

In an order today, the U.S. Supreme Court asked for the views of the Department of Justice in Osage Nation v. Irby , a reservation diminishment case.

The case began when the Osage Nation sued the Oklahoma Tax Commission. The tribe said the state can't tax members who live and work within the boundaries of the reservation.

On an initial matter, the 10th Circuit Court of Appeals ruled that the case could proceed despite sovereign immunity claims of state officials. The Supreme Court declined to review the decision at the time.

After a trial, a federal judge concluded that the reservation was diminished by an act of Congress. On appeal, the 10th Circuit agreed and said the reservation consists only of land that is held in trust for the tribe or individual tribal members

The tribe filed a petition with the Supreme Court last October. The justices considered the petition at a closed-door conference on Friday and decided to ask the Obama administration for its views on the matter.

Turtle Talk notes this is the sixth time in the last two years that the high court has asked DOJ for a brief in an Indian law case.

Get the Story:
Supreme Court Calls for the Views of the Solicitor General in the Osage Reservation Disestablishment Case (Turtle Talk 2/22)

10th Circuit Decision:
Osage Nation v. Irby (March 5, 2010)