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Turtle Talk: Update on Indian law cases and the Supreme Court
Wednesday, March 16, 2011
Filed Under: Law

"Much has happened and much is in limbo in this Term so far. Our two previous previews are here and here. Our previous mid-Term update is here.

Granted Cases
1. United States v. Tohono O’odham Nation (09-846).

The opinion in this matter will likely be available at any time, as many cases submitted to the Court around the same time have been decided already. If the Court does not issue an opinion next week, it may mean that there is a significant dissent or concurrence being generated. Oral argument recaps are here and here (from Millett and Meggesto). The oral argument transcript is here.

2. Madison County v. Oneida Indian Nation (10-72). GVR.

This is the big surprise of the Term, with the Supreme Court granting cert on the question whether tribes are immune from foreclosures by counties for failure to pay property taxes, and then the Oneida Indian Nation enacting an ordinance purporting to waive its immunity from such suits. Over the petitioners’ objections, the Court remanded the case back to the Second Circuit for reconsideration in light of Oneida’s waiver.

3. United States v. Jicarilla Apache Nation (10-382).

Other than Madison County, this is so far the biggest grant of the Term, with the United States seemingly seeking to limit its trust obligations to Indian nations dramatically. The case involves the government’s attorney-client privilege against the trust beneficiary in relation to trust-related documents. Oral argument is set for April 20."

Get the Story:
Supreme Court 2010 Mid-Term Update (Turtle Talk 3/16)

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