indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Falmouth Institute Online Training
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court won't hear two Cobell appeals
Tuesday, March 27, 2007
Filed Under: Cobell

The plaintiffs in the billion-dollar Indian trust fund lawsuit said they will continue to press the case after the U.S. Supreme Court rejected two of their appeals on Monday.

Without comment, the justices declined to review two recent decisions in the long-running lawsuit. One of them involved the removal of Judge Royce Lamberth from the case at the request of the Bush administration.

Elouise Cobell, a member of the Blackfeet Nation who is the lead plaintiff, said she was disappointed the high court didn't act on the appeal. "Until this point, no one on the federal bench had come to understand the more than a century of government wrongdoing in this case better than Judge Lamberth," she said of the Reagan nominee.

But she said the plaintiffs welcomed the assignment of Judge James Robertson, a nominee of former President Bill Clinton, to the case. "Now that the Supreme Court has denied our petition for certiorari, we will turn our full attention to Judge Robertson's courtroom and to efforts to resolve this case expeditiously and fairly," she said.

The second appeal affected information technology security of Indian trust systems. Before being removed, Lamberth ordered the government to disconnect those systems from the Internet in order to protect them from hackers.

"The Interior Department had years of warnings about these security issues and has failed to resolve them," Cobell said.

The D.C. Circuit Court of Appeals, the same court that removed Lamberth, didn't disagree with the assessment, citing documented risks to sensitive financial, personal and other data. But in lifting the disconnection order, the court said the plaintiffs failed to show how they would be directly harmed by computer attacks.

The Lamberth and IT security decisions were issued in July 2006. The Cobell plaintiffs filed their appeals to the high court in December 2006. Final briefs were filed on March 5 before the petitions were considered on March 23.

Chief Justice John G. Roberts didn't participate in either petitions, the Supreme Court noted yesterday. A nominee of President Bush, he used to sit on the D.C. Circuit.

As the litigation continues in court, efforts to settle the case through legislation have failed. The Cobell plaintiffs, tribal leaders and tribal organizations supported a bill in the 109th Congress to end the lawsuit but the Bush administration failed to respond before the end of the session.

On March 1, U.S. Attorney General Alberto Gonzales and Interior Secretary Dirk Kempthorne offered to spend up to $7 billion to settle Cobell and more than 250 tribal trust fund lawsuits. The money would also be used to pay for trust reform, IT security upgrades and other programs at Interior.

The Senate Indian Affairs Committee has scheduled a hearing this Thursday to consider the offer. But the Cobell plaintiffs have openly rejected it and tribal leaders have raised alarms about a controversial proposal to terminate the federal trust responsibility over the next 10 years.

The witness list for the hearing hasn't been made public but Sen. Byron Dorgan (D-North Dakota), the committee chairman, has invited the Cobell plaintiffs and tribal leaders to testify. He also wants Gonzales and Kempthorne, neither of whom have appeared before the panel, to explain the offer and how it was developed.

Supreme Court Docket:
No. 06-867 | No. 06-868

Appeals Court Decisions:
Lamberth Removal | IT Injunction

Committee Notice:
OVERSIGHT HEARING on Indian trust fund litigation (March 29, 2007)

Settlement Letter:
Kempthorne-Gonzales to SCIA (March 1, 2007)

Elouise Cobell Statement:
NO THANKS, WE’LL TAKE THE ACCOUNTING, INDIAN PLAINTIFFS SAY (March 8, 2007)

Sen. Dorgan Statement:
DORGAN SAYS BUSH ADMINISTRATION OFFERS $7 BILLION TO SETTLE SUIT OVER MISMANAGEMENT OF INDIAN TRUST FUNDS (March 6, 2007)

Other Documents:
Alberto Gonzales Testimony (March 1, 2005) | SCIA Views and Estimates (March 1, 2007)

Relevant Links:
Indian Trust: Cobell v. Kempthorne - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

Related Stories:
Editorial: The billion-dollar question (3/26)
Senate hearing on trust fund litigation on Thursday (3/26)
The downfall of J. Steven Griles (3/26)
Blast from the Past: NBC segment on Cobell (3/21)
Opinion: US owes Indians billions for theft (3/14)
Bush aide linked to Special Trustee firing resigns (3/14)
BIA names new director for Navajo regional office (3/14)
Mother Jones: Pennies on the dollar for Cobell (3/12)
Bush proposes $7B trust fund settlement (3/8)
Dorgan and Thomas disagree on Cobell settlement (1/22)
Jodi Rave: Cobell sees hope for case in new year (1/20)
NewStandard: Tribes turn to court over trust funds (01/08)
Jodi Rave: Interior mum on class action tribal suit (01/05)
Tribes file class action trust accounting lawsuit (01/04)
Cobell honored by AARP Magazine for trust work (12/19)
New Cobell judge knows Interior Department (12/13)
Rahall outlines Indian agenda for 110th Congress (12/11)
New judge assigned to Cobell trust fund case (12/08)
Cobell wins Impact Award from AARP Magazine (12/7)
Editorial: No hope for a Cobell-only settlement (12/1)
McCain staffer: No 'hijinx' during lame-duck (11/24)
Editorial: Another good shot emerges for Cobell (11/10)
Cobell says Bush kills legislative settlement (11/9)
Tribal opposition to trust reform bill growing (11/2)
Editorial: End federal management of trust (11/1)
Tribes face trust challenges from Bush administration (10/31)
Cobell attorney criticizes Bush changes to bill (10/27)
Staff confirms Bush behind Cobell proposals (10/26)
Bush seeks major changes to Cobell bill (10/24)
Senate committee holds more Cobell meetings (10/23)
Time running out on Cobell settlement bill (10/23)
Cobell sees parallels in Aboriginal wage theft (10/16)
NCAI to consider resolution in support of Cobell bill (10/6)
Bush assailed for 'ambush' on Indian health care (10/5)
Latest delay in Cobell settlement tied to White House (10/3)
Cobell: Interior mishandles Indian money too (10/2)
Navajo woman fights for trust fund accountability (9/25)
Senate committee sends Cobell letter to Kempthorne (9/18)
Interior delays Cobell settlement legislation (9/15)
McCain firm on $8B settlement for Cobell (9/5)
Senate staff to discuss Cobell settlement in Tulsa (8/30)
Cobell shifts appeal strategy to keep judge on case (8/29)
Cobell fights for judge in trust fund case (8/25)
Senate committee to discuss Cobell settlement (8/24)
Human Rights Magazine: Cobell, Native issues (8/22)
Editorial: Justice for Indian account holders (8/18)
Professor: Removal of Judge Lamberth a tragedy (8/7)
Cobell eager to settle Indian trust fund lawsuit (8/7)
Letter: Nearly $1B wasted on Swimmer's trust reform (8/7)
Editorial: Stop delaying settlement to Cobell (8/4)
McCain puts twist in Cobell settlement bill (8/3)
Bush officials asked McCain to delay Cobell settlement (8/3)
Cobell settlement bill 'dead' in Congress (8/2)
Time running out on Cobell settlement bill (7/28)
Editorial: It's time for settlement on Cobell (7/28)
Ross Swimmer: Interior still 'working' on trust (7/28)
Cobell issues statement on settlement talks (7/25)
Cobell settlement awaited in Indian Country (7/25)
Jodi Rave: Cobell worried about settlement legislation (7/24)
Mark Trahant: It's time for the U.S. to keep its word (7/17)
Editorial: Lamberth too honest in trust fund case (7/17)
Cooler heads sought in Indian trust fund fight (7/14)
Lamberth removed from Cobell trust fund case (7/12)
Lamberth is third judge removed by D.C. Circuit (7/12)
Cobell settlement rumored to be in the billions (7/5)
Cobell rallies for support on trust fund lawsuit (06/19)
Editorial: Give Kempthorne a chance on Cobell (6/15)
Cobell files contempt charges against Kempthorne (6/13)
Editorial: Dirk Kempthorne arrives in Washington (6/13)
Swimmer calls Cobell settlement 'reparations' (5/8)
Cobell: Settle Indian trust fund case for billions (4/20)
Cobell to appear on C-SPAN Washington Journal (4/12)
Cobell renews call for receiver as court hears case (4/12)
Cobell vows fight to resolve trust fund lawsuit (4/10)
Cobell plans big showing on day of court hearing (4/4)
Jodi Rave: Tribes alarmed at trust reform initiative (4/3)
Cobell addresses trust fund mismanagement (3/30)
Ross Swimmer: Indian trust not about mismanagement (3/29)
Norton denies fraud or major problem with trust (3/29)
GAO report warns of billions in lost oil, gas royalties (3/29)
Witness list for hearing on Indian Trust Reform Act (3/28)
DOI trust reform meeting set for Portland, Oregon (3/24)
Kempthorne faces hot issues at Interior Department (3/21)
DOI pressed for more clarity on trust initiative (3/3)
Congress urged to settle Cobell lawsuit for billions (03/02)
Listening Lounge: Joint hearing on Cobell v. Norton (03/01)
Interior hits the road with new trust reform initiative (02/08)
Jodi Rave: Garcia calls for settlement of Cobell (2/3)
Cason slashes BIA budget and blames it on Cobell (2/3)
Tribes discuss trust reform bill, Cobell settlement (1/31)
Commentary: Swimmer still not telling the truth on trust (1/26)
Opinion: Indians want $12B of 'YOUR' money (01/10)

Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala student makes name as young writer (4/23)
Mark Trahant: Budget predictions at the Indian Health Service (4/23)
Zoltán Grossman: Cowboy Indian Alliance rides in Washington (4/23)
Steve Russell: Indians often seen an obstacle to government (4/23)
Malcolm Benally: Some Navajo leaders clueless on mascots (4/23)
Native Sun News: Sisseton Wahpeton fighter gets big chance (4/22)
Native Sun News: Pine Ridge man behind Revolution Couture (4/22)
CDC reports show high death rates among Native Americans (4/22)
DOI Secretary Sally Jewell delivers keynote at tribal summit (4/22)
DOI Deputy Secretary Mike Connor hosts Earth Day webchat (4/22)
Winona LaDuke: Tribes won't see benefits from Keystone XL (4/22)
Photos: Cowboy Indian Alliance rides to National Mall in DC (4/22)
Alray Nelson: Bring marriage equality to the Navajo Nation (4/22)
Steven Newcomb: UNDRIP falls into domination framework (4/22)
DaShanne Stokes: 'Indian' mascots carry harmful impacts (4/22)
Wendell George: Little Joe connects with his tribal heritage (4/22)
Peter Twitchell: Stop passing the buck on our Yup'ik culture (4/22)
Murray Sinclair: Effects of residential school era will linger (4/22)
Wyoming tribes share per cap from $157M trust settlement (4/22)
Navajo Nation Council reconsiders higher tax on junk foods (4/22)
Choctaw Nation Chief Greg Pyle set to retire after 17 years (4/22)
Opinion: Maps represent destruction of Native people in US (4/22)
Oneida Nation to host PGA championship at resort in 2016 (4/22)
Blog: Climate change impacts Tla-o-qui-aht First Nations (4/22)
Supreme Court holding onto ruling in Bay Mills casino case (4/22)
Paskenta Band says leadership issues won't affect casino (4/22)
Forest County Potawatomi Tribe on track with casino hotel (4/22)
Deadline approaches for commercial casinos in New York (4/22)
Native Sun News: Keystone XL Pipeline foes headed to DC (4/21)
Native Sun News: Shoni Schimmel is a role model for youth (4/21)
Senate Indian Affairs Committee to hold hearing on energy (4/21)
Supreme Court takes no action on Indian tobacco petition (4/21)
Linda Capps: Citizen Potawatomi Nation is a good neighbor (4/21)
Bryan Brewer: Supreme Court discriminates against tribes (4/21)
Michell Hicks: Eastern Cherokees return to gardening roots (4/21)
Lisa Charleyboy: Still looking for love under the Indian Act (4/21)
Kiara Imani Williams: Tribal ID dismissed in nation's capital (4/21)
Henry Louis Gates: The myth of African and Indian ancestry (4/21)
DOI looks to spend $2.55M on Makah Nation land buy-back (4/21)
Pascua Yaqui Tribe faces a test of jurisdiction under VAWA (4/21)
State Department needs more time to review Keystone XL (4/21)
Fracking trucks take water from North Dakota reservation (4/21)
Lens Blog: An Indian from India meets Indians from the US (4/21)
Alaska Legislature passes Native language recognition bill (4/21)
Alaska Natives seek return of property for museum at Yale (4/21)
Opinion: Double standard in treatment of Shoshone sisters (4/21)
Column: Frank Waln blends Native traditions with hip-hop (4/21)
Native man's murder trial delayed due to jury roll problem (4/21)
Minneapolis city council to vote on Columbus Day change (4/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | 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.