Reaction to Carcieri Decision

On Turtle Talk, Matthew Fletcher offers his thoughts on how the Carcieri decision may impact Michigan tribes. Bryan Newland, also on Turtle Talk, offers his initial reaction as well.   Newland thinks that the term “under federal jurisdiction” does not mean the tribe had to be federally recognized in 1934. Richard Guest, a lawyer with the Native American Rights Fund, told the Providence Journal that tribes will ask Congress to fix the land into trust issue.  

U.S. Supreme Court Denies Cert in MichGO v. Kempthorne

The U.S. Supreme Court today denied to hear an appeal from Michigan Gaming Opposition --a business group from Michigan opposed to Indian gaming -- that challenged the Interior Department’s authority to take land into trust for the Gun Lake Tribe based on the fact the tribe was not recognized in 1934 when the Indian Reorganization Act was passed. The group was attempting to block the construction of Gun Lake’s proposed casino.

The same argument was used in Carcieri v.Kempthorne, a case the Supreme Court heard on December 3, but has yet to issue an opinion in. The state of Rhode Island challenged the Interior Department’s decision to take 31 acres of land into trust for the Narragansett Indian Tribe, which was federally acknowledged in 1983. Twenty-one states joined an amicus brief supporting the state’s position in addition to briefs filed by the National League of Cities.

 For more on the background of MichGO v. Kempthorne and it’s implications for Carcieri v. Kempthorne, visit Turtle Talk.

Supreme Court Hears Oral Arguments in Carcieri v. Kempthorne – Narragansett Land-Use Case

Today, the U.S. Supreme Court will hear oral arguments in a case being closely watched across the country because it could determine how tribes recognized after the 1934 Indian Reorganization Act are allowed to buy, govern and use land. The case – Carcieri v. Kempthorne -- centers around whether the Narragansett Indian Tribe can put land purchased in 1991 into federal trust, making the land tax free and exempt from state and local laws.

The Bush administration sides with the tribe, arguing that the IRA allows it to take land into trust to benefit American Indians regardless of when their tribes were recognized. Rhode Island and 21 other states want the Supreme Court to limit that authority because states lose control over tribal trust land within their own borders. They say trust lands can alter the character of surrounding communities, especially when casino income allows tribes to embark on major projects.

Read more in this Associated Press story.

For a history of the case go to Turtle Talk.