Law | Opinion

Matthew Fletcher: Commentary on Supreme Court oral arguments

Members and leaders of the Omaha Tribe of Nebraska in Washington, D.C., on January 20, 2016. Photo form Facebook

Professor Matthew Fletcher of Turtle Talk analyzes the U.S. Supreme Court oral arguments in Nebraska v. Parker, a reservation diminishment case affecting the Omaha Tribe of Nebraska:
There seemed to be two major threads of argument in Nebraska v. Parker. The first is what the Supreme Court granted cert to decide, whether the Omaha reservation boundaries had been diminished. The second seemed to be about the applicability and impact of the Sherrill decision.

On the reservation boundaries matter, the federal government made a strong case for the proposition that the State of Nebraska long has acknowledged the reservation boundaries of the Omaha reservation’s western side

However, in that part of the reservation, about 90 percent of the residents are nonmembers. So the real meat of the argument delved into the murky waters of whether the Court’s Sherrill decision focusing on the “settled expectations” of the residents and the governments would be upset by the tribe’s liquor ordinance. [BTW Sherrill is an issue waived (i.e., never cited) by the State at the Eighth Circuit — opening brief, reply brief.]

Get the Story:
Matthew Fletcher: Commentary on the Omaha Reservation Boundaries Argument (Turtle Talk 1/20)

Also Today:
Who Is In Charge When Non-Indians Settle on Indian Reservation Land? (U.S. News & World Report 1/20)
U.S. Supreme Court Weighs Indian Case With Implications for Schools (Education Week 1/20)
Tribes Face Uphill Fights in High Court (The National Law Journal 1/20)
Supreme Court hears Omaha Tribe boundary dispute case (The Sioux City Journal 1/21)
U.S. Supreme Court to decide if Pender is part of Omaha reservation (The Omaha World-Herald 1/21)
Supreme Court Hears Tax Case Over Indian Land Boundary (Bloomberg BNA 1/21)
Supreme Court hears arguments in tribal land, hovercraft hunting disputes (Jurist 1/21)

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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