indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit dismisses Colville descendants' enrollment lawsuit
Tuesday, November 27, 2012
Filed Under: Law
More on: 9th circuit, blood quantum, colville, membership, sovereignty, supreme court, washington
 
Three descendants of the Confederated Tribes of the Colville Reservation in Washington can't challenge the tribe's enrollment procedures, the 9th Circuit Court of Appeals said in an unpublished decision on Monday.

Shawn Lawrence Desautel's was denied enrollment shortly after his birth in 1965 because he didn't meet the tribe's one-quarter blood quantum requirement. His father was 7/16th Colville and his mother was non-Indian so his blood quantum was considered 7/32nd.

He tried to enroll again in 2000 after his uncle's blood quantum was corrected by the tribe's court to be one-half Colville. Since his father and his uncle shared the same parents, the change would presumably boost his blood quantum to one-quarter.

But the tribe declined to enroll him although he was listed as "adopted" under a provision of tribal law. He challenged the decision in tribal court and lost, prompting the federal court lawsuit.

The 9th Circuit, however, said it is unable to resolve the dispute because doing so would "impermissibly require the court to evaluate the merits of the tribe’s membership determinations." The unpublished decision cited the U.S. Supreme Court ruling in Santa Clara Pueblo v. Martinez, which effectively barred federal courts from intruding into internal sovereign matters such as enrollment.

10th Circuit Decision:
DesAutel, v. Dupris (November 26, 2012)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux officer rejoins Rapid City police (10/30)
Kevin Gover: Mascot fight exposes myths about Native people (10/30)
Native Sun News: Montana tribe sees cut in heating assistance (10/29)
Mark Trahant: Alaska Senate race is a real test of Native policy (10/29)
Winona LaDuke: Taking treaty advice from indigenous nations (10/29)
Vena A-Dae Romero: FDA failing to consult tribal governments (10/29)
Zachary Pullin: Native Americans overcame barriers to voting (10/29)
Navajo Nation president vetoes bill to address language issue (10/29)
Prairie Island Indian Community sues over nuclear waste rule (10/29)
County's letter on CSKT water compact talks stirs controversy (10/29)
Vice: Hip-hop artist Drezus on new journey after jail sentence (10/29)
Opinion: Overcoming stereotypes of Native American culture (10/29)
Charges sought in dispute at Chukchansi Tribe's closed casino (10/29)
Pechanga Band chair featured in ads against North Fork casino (10/29)
Grand Ronde Tribes continue fight against Cowlitz Tribe casino (10/29)
Puyallup Tribe offers reward for return of casino worker's ring (10/29)
Ask the Expert: Why can't I win at tribal casino slot machines? (10/29)
Native Sun News: Event commemorates Sand Creek Massacre (10/28)
Erma Vizenor: Join tribes for protest at NFL game in Minnesota (10/28)
Bill John Baker: Cherokee Nation helps build tomorrow's leaders (10/28)
Ruth Hopkins: Tribes need to raise awareness of breast cancer (10/28)
Navajo Nation election officials refuse to delay upcoming vote (10/28)
Senate candidates battle for Indian vote in South Dakota race (10/28)
Eastern Shawnee Tribe lays claim to former reservation in Ohio (10/28)
Saginaw Chippewa Tribe to investigate potential burial grounds (10/28)
Judge rules for tribes in Wyoming in dispute over diverted water (10/28)
Editorial: Delaware Tribe pursues return to homelands in Kansas (10/28)
Opinion: Cowboys and Indians come together on common cause (10/28)
Opinion: Help Moapa Band bring solar energy to more consumers (10/28)
Ex-employee sentenced for stealing from Passamaquoddy Tribe (10/28)
Chukchansi Tribe sends audits to NIGC as casino remains closed (10/28)
Little River Band still touting proposal for off-reservation casino (10/28)
Santee Sioux Tribe getting ready to debut golf course at casino (10/28)
Nisqually Tribe to launch part of $45M casino expansion project (10/28)
Opinion: Vote yes to support North Fork Rancheria gaming deal (10/28)
Editorial: No logic in putting Cowlitz Tribe's gaming site in trust (10/28)
Tim Giago: Where the paths of the Jews and the Navajo crossed (10/27)
Mark Trahant: Alaska Federation of Natives endorses candidates (10/27)
Native Sun News: Indian lawmaker Kevin Killer makes big plans (10/27)
National Congress of American Indians set to open convention (10/27)
Tulalip Tribes grieving after school shooting leaves three dead (10/27)
Steve Russell: Disease and fundamentalist religion still a threat (10/27)
Steven Newcomb: Self-determination but not for the indigenous (10/27)
Donna Ennis: Fond du Lac Band seeks to acquire burial grounds (10/27)
Gregg Deal: People don't want the truth about being indigenous (10/27)
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.