The poll was here.
27 percent thought the Ninth Circuit was one of the top 3. Everyone thinks the Ninth Circuit is liberal, but there are several dozen judges, and some of them are downright cranky when it comes to tribal (or environmental) claims. I’d say it’s a crapshoot, and depends heavily on the judges one draws.
24 percent thought the Tenth Circuit was one of the top 3. I’d pick the Tenth Circuit, too, but there’s a very mixed record here. I am persuaded by anecdotal evidence over the years that this court takes Indian law seriously, and that’s all we should ask for.
12.5 percent thought the Federal Circuit was one of the top 3. I’d pick the Federal Circuit for their fairly good record on trust cases, maybe even too good. They have been reversed numerous times by the Supreme Court in the last decade.
The Eighth Circuit garned only 8 percent of the votes. A little bit of a surprise. Ten years ago it would have been closer to the top, I suspect.
The D.C. Circuit also picked up 8 percent. Not sure why. It’s not a court that’s not very patient with tribal claims these days. I wonder how much (or if) the Cobell litigation has much to do with it.
Of course we should take these results for what they are — nothing. Instead, maybe we should look to see how many times a federal circuit has ruled in favor of tribal interests, only to be reversed by the SCT.
Turtle Talk 