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Supreme Court reviews Indian law cases
TUESDAY, OCTOBER 1, 2002 The Supreme Court's October 2002 term begins next Monday with a lot of fanfare. Tribal leaders are holding a rally at the nation's highest court to draw attention to their struggle for sovereignty and self-determination. The rally is the culmination of a 2,800-mile cross-country relay that began on the Quinault Reservation in Washington on September 11. (See Historic run to affirm tribal sovereignty, August 14, 2002). As Olympic champion Billy Mills brings the journey to a close, the tribes want to point out negative decisions of the Court. Most of those occurred during the October 2000-2001 term, when the Navajo Nation's hotel tax was declared illegal. the (See Supreme Court strikes down Navajo tax, May 30, 2001). A complicated, and controversial, decision regarding jurisdiction (See Supreme Court bars state officials from tribal suit, June 26, 2001) also spurred the tribes into action. Legislative remedies are being pushed to counter the effects of those rulings. A similar effort affecting Indian trust standards is also on the tribal agenda pending December arguments in the Navajo Nation and White Mountain Apache cases, which will be heard jointly. Before that happens, the Nine Justices will announce whether to accept a number of Indian law-related cases. The first batch was considered in secret yesterday and covered a wide range of issues. Indian civil rights A Hopi man, Harold Dawavendewa, sued over a pro-Navajo employment policy. Dawavendewa claims his civil rights were violated by the Salt River Project Agricultural Improvement and Power District (SRP) of Arizona. The 9th Circuit Court of Appeals dismissed the case on the grounds that the Navajo Nation, which has a lease with SRP, was an "indispensable party." But due to sovereign immunity, the tribe cannot be named without consent. Relevant Documents: Docket Sheet: No. 01-1762 | Dawavendewa v. Salt River Project, et. al. Sovereign immunity An employment dispute at the Sault Ste. Marie Tribe of Michigan has turned into a case involving sovereign immunity. The tribe fired Ernest Young for an economic venture that wasn't performing as well as hoped. Young filed an arbitration claim and was awarded more than $500,000. The tribe disputed the amount based on a limited waiver of sovereign immunity in its employment contract with Young. The contract subjected the tribe to state law arbitration practices. Relevant Documents: Docket Sheet: No. 01-1786 | Ernest I. Young v. Sault Ste Marie Tribe Indian gaming The Ysleta Del Sur Pueblo of Texas (Tigua Tribe) is seeking one final chance to operate Class III games at its casino. The 5th Circuit Court of Appeals in January affirmed a federal judge's order to shut down the casino. Supreme Court Justice Anthony Kennedy subsequently refused to put the closure on hold pending review of the case. Relevant Documents: Docket Sheet: No. 01-1671 Relevant Links: Speaking Rock Casino - http://www.speakingrockcasino.com/index.html Office of Attorney General, Texas - http://www.oag.state.tx.us Selected Stories: The Tigua Tribe: Texas' social ill (4/24) Tribal jurisdiction Several members of the Mississippi Band of Choctaws are in a dispute with a credit card company over a financing deal gone bad. They sued in tribal court and successfully forced Bank One into arbitration. The company subsequently asked the federal courts to dismiss the case. But the 5th Circuit Court of Appeals in February refused and said Bank One didn't exhaust its appeals in the tribal court system. Bank One is represented by high-powered legal scholar Laurence Tribe. Relevant Documents: Docket Sheet: No. 01-1732 | Bank One, N.A. v. Shumake Tribal courts Eddie Tang is involved in a child custody dispute has questioned the authority of the Northern Cheyenne Tribe of Montana. He alleges his civil rights were violated when the tribe's court took on the case. The 9th Circuit Court of Appeals in February dismissed the challenge and cited a failure to cite appropriate claims. Tang was then referred back to the tribal court system to exhaust his remedies there. Relevant Documents: Docket Sheet: No. 01-10576 Federal recognition The Ramapough Mountain Indians of New York and New Jersey were denied federal acknowledgment in 1998 after an extensive and lengthy appeals process within the Department of Interior. The tribe then sought judicial review. The Federal Circuit Court of Appeals in December 2001 rejected the tribe's claims that the final determination was faulty. While a three-judge panel in an unpublished opinion said the tribe had strong arguments against the Interior, they refused to recognize the tribe or order a reconsideration. Relevant Documents: Docket Sheet: No. 01-1703 Environmental resources Non-Indians are challenging protection of bald and golden eagles. One case involves Timothy Kornwolf, who sold eagle feathers obtained prior to the enactment of two federal laws. Kornwolf was turned away by the 8th Circuit Court of Appeals, which ruled in January that the laws don't violate the U.S. Constitution. He is supported in amicus brief by the property-rights group Mountain States Legal Foundation. Relevant Documents: Docket Sheet: No. 01-1534 | Kornwolf v. U.S Selected Stories: Appeals court upholds eagle protection laws (1/17) |
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