United States v. New York: Government Cert Petition in Oneida Indian Nation Land Claims

Here is the petition:

US v NY (Oneida) Pet

Here is the question presented:

The Trade and Intercourse Act of 1793 (also known as the Nonintercourse Act) stated in relevant part that “no purchase or grant of lands, or of any title or claim thereto, from any Indians or nation or tribe of Indians, within the bounds of the United States, shall be of any validity in law or equity, unless the same be made by a treaty or convention entered into pursuant to the constitution.” Ch. 19, § 8, 1 Stat. 330. The question presented is as follows:

Whether the United States may be barred from enforcing the Nonintercourse Act against a State that repeatedly purchased and resold (at a substantial profit) Indian lands in violation of the Act between 1795 and 1846, based on the passage of time and the transfer of the unlawfully obtained Indian lands into the hands of third parties, when the United States seeks monetary relief only against the State.