Law | Opinion

Lyle Denniston: Supreme Court seems more sympathetic to Omaha Tribe in reservation boundary case






Members of the Omaha Tribe of Nebraska participate in Spiritual Ride on the reservation on January 16, 2016, in advance of oral arguments in the U.S. Supreme Court. Photo from Facebook

Oral arguments in Nebraska v. Parker appeared to go well for the Omaha Tribe at the U.S. Supreme Court on Wednesday. Lyle Denniston analyzes the case on SCOTUSBlog:
The image of an Indian tribe, ominously hovering on the edge of town with ambitions to take over. Or the picture of a pitifully small Indian tribe wanting only to hang onto a heritage of lands it can call home. Those were the conflicting visions lawyers tried to create for the Supreme Court on Wednesday in Nebraska v. Parker. The Justices, though, were decidedly more sympathetic to the tribe; they simply could not imagine the worst for the small town of Pender, Nebraska.

“The question is: who’s got the power to govern?” a lawyer speaking for the town asked as the argument was coming to a close. “The people in Pender, this is a big deal. It’s a big deal whether a tribal council has authority over us.”

The Justices were not without sympathy, but they did not seem convinced that life would change much in Pender, even if it were left occupying land inside the boundary of the Omaha Indian Tribe’s reservation.

The legal issue the Court was exploring was whether Congress, in passing a law in 1882, had actually cut back on the size of the once-vast reservation in northeastern Nebraska, opening a chunk on the west side to settlers eager to begin turning the barren plains green. Although the Court examined closely the exact language of that 134-year-old law, and explored how one figures out Congress’s intent in such matters, the case seemed to come down to the potential consequences of ruling for the tribe.

Get the Story:
Argument analysis by Lyle Denniston: A “big deal” for a small town? Or not so big? (SCOTUSBlog 1/200

Supreme Court Documents:
Oral Argument Transcript | Docket Sheet No. 14-1406 | Questions Presented | Hearing List: January 2016

8th Circuit Decision:
Smith v. Parker (December 19, 2014)

Federal Court Documents:
Status Report [Includes tribal court decision] | Court Order

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