Here is the link to the Atlantic Online piece. And an excerpt:
President Barack Obama meets with American Indian leaders this afternoon in Washington but, on the law front, it’s already been a tough year for the tribes. In February, the president nominated Arvo Mikkanen, an Ivy-educated Native American, to a spot as a federal trial judge in Oklahoma. He would be only the third documented Native American federal judge in U.S. history. But GOP Senator Tom Coburn immediately blocked the nomination and, nine months later, Mikkanen still hasn’t received a hearing, much less a floor vote. Worse, no one in Washington seems to care.
Then, in June, the United States Supreme Court stuck it to American Indian interests in a case styled United States v. Jicarilla Apache Nation. In a 7-1 decision, the Court ruled that the U.S. could withhold from lawyers for the Jicarilla Apache Nation hundreds of documents that may be relevant to the tribe’s long-standing mismanagement claims against the feds. Justice Samuel Alito justified the decision by reminding his audience that the relationship between the feds and the tribe was less about trusteeship and more about power.
In the first instance, Congress failed to do right by Native American interests. When asked why he so quickly denounced the Mikkanen nomination, Sen. Coburn told reporters in February, “I know plenty.” Yet he has never had to explain what he knows or why it is enough to sink Mikkanen’s candidacy. In the second instance, it’s the judicial branch that has failed American Indian iterests. Only Justice Sonia Sotomayor called out the High Court majority in Jicarilla. She said that Justice Alito’s opinion “rests on false factual and legal premises.”
So what is the other branch of government, the executive branch, doing for Native Americans as 2011 comes to a close? Is the White House pushing for Mikkanen to get a hearing? No. Is it pushing Congress to help change the procedural rules in Indian trust cases so that American Indian litigants can have more access to federal documents that pertain to their claims against federal officials? No. Those things would involve the expenditure of political capital — and the administration has shown repeatedly its unwillingness to spend in this area.
Instead, the Obama Administration is looking inward. This week came news that five American Indians have been named to an Indian Trust Commission that will help suggest reforms to the odious federal management of Indian trusts. The effort is expected to take two years, at a minimum, and of course won’t be the final word. And, today, President Obama will go to the Interior Department to participate in the White House Tribal Conference, to which over 550 Native American tribes were invited. He will no doubt talk about his Administration’s devotion to Indian interests.
Devotion which is quite underwhelming. Just last month, for example, the Justice Department announced that it is “considering whether to adopt a formal policy that would memorialize and clarify its practice of enforcing federal wildlife laws in a manner that respects and protects the ability of members of federally recognized tribes to use eagle feathers and other bird feathers for cultural and religious purposes.” Amid the rubble of Jicarilla and Mikkanen, the feds want to quietly reassure Tribal members that they won’t be prosecuted as often for dealing in eagle feathers.
Turtle Talk 
Not to mention the nearly three years of inaction to move a fix on Carcieri.
I think Mr. Cohen’s comments about inaction on the part of Obama is incorrect. Too bad it isn’t that easy. It is hard to accuse Obama for not using “political capital” when our current President lacks cooperation by the Republicans (a.k.a. Tea Party / Libertarian) and has defectors within his own political party who simply lack the tenacity to stand up against the extremists in both parties! I didn’t hear anyone complain about Indian policies during the Bush Administration and that administration arguably had an agenda that was “anti-Indian” unlike any before in recent history! We must not forget how Bush packed the courts, including the changes and identity of the U.S. Supreme Court. At least, Obama nominated an American Indian like Mr. Mikkanen for a chance to sit on the federal bench. In fairness, I think Obama is willing and would cooperate but for the fact that the opposition to progress exists beyond his control. Instead of complaining, people who read this should plan on participating in the political process until the 2012 election cycle and vote accordingly.
It’s nice to know that we have a President who’s got our back, like asserting to the Supreme Court that there is no enforceable federal-tribal fiduciary relationship, that the Trust Reform Act imposes no greater duties than the General Allotment Act, and that the US only sometimes acts sort of like a fiduciary to Indian tribes solely out of its own interests.