Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.):

18 Magistrate Recommendation

20 Magistrate Order of Release

Prior post here.

New Scholarship Arguing, “Presidents Lack the Authority to Abolish or Diminish National Monuments”

Mark Squillace, Eric Biber, Nicholas S. Bryner, and Sean B. Hecht have posted “Presidents Lack the Authority to Abolish or Diminish National Monuments” on SSRN.

Here is the abstract:

By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks.

While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities Act and other statutes, concluding that the President lacks the legal authority to abolish or diminish national monuments. Instead, these powers are reserved to Congress.

Note to Tribes Hoping for a Coal Comeback — Prepare for the Worst

There’s a new report on the coal industry Indian country should be reading. It concludes, “President Trump’s efforts to roll back environmental regulations will not materially improve economic conditions in America’s coal communities.”

HT.

The Onion: “Firebrand John McCain Demands Immediate Investigation Into Why He Remaining Complicit”

Here

Split D.C. Circuit Rejects Challenge to Keepseagle Settlement Modification

Here are the materials in Keepseagle v. Perdue:

Opinion

Mandan Opening Brief

Porter Brief

Tingle Opening Brief

US Brief

Keepseagle Brief

Mandan Reply

Tingle Reply

Related posts here.

PBS Newshour: 300,000 Disenfranchised by Voter ID Law in Wisconsin Alone

Here

That state was decided by 22,000 votes in last Presidential election.  

Federal Court Dismisses Claims against Individual Federal Defendants in Indian Tax Case

Here are the new materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

65 Motion to Dismiss

68 Response

69 Reply

70 DCT Order

Tag for prior posts here.

Zinke’s “Be Nice” Moment is a Highly Gendered Response

Here is “Linguist Robin Lakoff on Women, Men and American Talk — Are women bound by a culture of niceness?”, from Moyers, focusing on Secretary Zinke’s aggressive effort to shut down questions from Cassandra Begay.

Video here:

Longer video here: Continue reading

NYTs: “Battle Over Bears Ears Heats Up as Trump Rethinks Its Monument Status”

Here.