Law
State, tribes argue over sovereign immunity


The state of California and two tribes were in court on Wednesday to argue a critical sovereign immunity case.

The state's Fair Political Practices Commission says it can sue two tribes for not complying with campaign finance laws. The Agua Caliente Band of Cahuilla Indians and the Santa Rosa Indian Community counter that they are immune from lawsuit without Congressional authorization or a voluntary waiver.

The California Supreme Court has 90 days to decide who is right. The ruling is likely to be appealed to the U.S. Supreme Court no matter which way it goes.

The tribes say they are not intending to violate the law. The Agua Caliente Band, for example, posts records about its campaign contributions online.

Get the Story:
Court hears tribe lobbying case (The Palm Springs Desert Sun 10/5)
Tribal rights, campaign laws clash in case (Copley News Service 10/5)
Tribal finances have day in court (AP 10/5)

Court Decision:
FPPC V. Santa Rosa Indian Community (October 27, 2004)

Related Decision:
Agua Caliente Band v. FPPC (March 3, 2004)

Relevant Links:
Fair Political Practices Commission - http://www.fppc.ca.gov

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