The United States is objecting to some documents the Jicarilla Apache Nation [correction] amici Navajo Nation and Pueblo of Laguna are attempting to lodge with the Supreme Court. Here are the materials:
2011-03-16 DRB lodging request ltr
1978-01-24 Doc 14 – Fredericksmemo to Deputy ASIA re pooling
1983-07-21 Vollmann memo to ASIA re Mitchell II
1990-03-21 LaVell memo to AISA ontribal trust fund contractab
2011-03-30 SG ltr opposing lodging
2011-03-31 DRB lodging reply ltr
Documents lodged with the Court can be very important. In Carcieri v. Salazar, the OSG lodged documents with the Court, one of which was incredibly damaging to the government’s own position and became a partial basis for Justice Thomas opinion rejecting the Dept. of Interior proposed trust acquisition for the Narragansett Tribe:
Furthermore, the Secretary’s current interpretation is at odds with the Executive Branch’s construction of this provision at the time of enactment. In correspondence with those who would assist him in implementing the IRA, the Commissioner of Indian Affairs, John Collier, explained that:
“Section 19 of the Indian Reorganization Act of June 18, 1934 (48 Stat. L., 988), provides, in effect, that the term ‘Indian’ as used therein shall include—(1) all persons of Indian descent who are members of any recognized tribe that was under Federal jurisdiction at the date of the Act … .” Letter from John Collier, Commissioner, to Superintendents (Mar. 7, 1936), Lodging of Respondents (emphasis added).
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