Match-up No. 9
(3) Ex parte Kan-Gi-Shun-Ca (Crow Dog) defeats (30) United States v. Lara: 58 percent to 42 percent
Once again, the ageless cases are roundly defeating the newer cases. I guess Lara‘s holding, that Congress can (at least theoretically) restore tribal sovereignty to say, oh, I don’t know, prosecute non-Indian DV offenders is less “great” than a 19th century holding that lasted a couple years. Ok. I buy that.
Match-up No. 10
(14) Bryan v. Itasca County defeats (19) United States v. Sioux Nation: 51 percent to 49 percent
This was the closest match-up so far, with just a few votes separating the cases. I’d have gone with the multi-million dollar judgment over the $150 tax bill. An arbitrary and perhaps useless call on my part, given how closely matched these cases were (and the fact that the federal government still retains possession of the Black Hills).
Match-up No. 11
(6) Winters v. United States defeats (27) Mississippi Band of Choctaw Indians v. Holyfield: 71 percent to 29 percent
Once again, an older case wipes the floor with a new-ish precedent. I guess I agree, in that the questions were broader in Winters than in Holyfield, which continues to be cited more for its recitation of legislative history than for its holding, which was pretty narrow. Still, a bit of a surprise, at least in terms how not-close this one was.
Match-up No. 12
(11) McClanahan v. Arizona State Tax Commission defeats (22) United States v. Mitchell II: 76 percent to 24 percent
Proves once again that people just don’t like paying taxes. It’s true that Mitchell II hasn’t aged all that well.