Here:
Complaint (with a list of the 306 proposed disenrollees)
Motion for Temporary Restraining Order
Declaration of Nooksack Elder Sonia Lomeli (with Exhibits)
Declaration of Noosack Elder Norma Aldredge (with Exhibits)
Declaration of Tribal Council Secretary Rudy St. Germain (with Exhibits)
Declaration of Tribal Member RaeAnne Rabang
Declaration of Tribal Fisherman Terry St. Germain (with Exhibits)
Declaration of Gabriel S. Galanda (with Exhibits)
Here:
An excerpt:
This is a suit against the United States for breach of contract and statute by the Indian Health Service (“IHS”), an agency in the Department of Health and Human Services (“HHS”). Plaintiff, the Susanville Indian Rancheria (“Tribe”), seeks money damages under the Contract Disputes Act, 41 U.S.C. § 7101 et seq. (“CDA”), based on the Secretary’s repeated violations of the Tribe’s contractual and statutory right to the payment of full funding of contract support costs (“CSC”) for contracts entered under the Indian Self-Determination and Education Assistance Act (“ISDEAA”), Pub. L. No. 93-638, as amended, 25 U.S.C. § 450 et seq.
Susanville’s previous suit against IHS is here.
Adam Liptak wrote about my favorite exchange of the day:
The question for the justices was whether that state law conflicted with the National Voter Registration Act of 1993, which allows voters to register using a federal form that asks, “Are you a citizen of the United States?” Prospective voters must check a box yes or no, and they must sign the form, swearing that they are citizens under penalty of perjury.
Several members of the court’s conservative wing indicated that the state was free to impose additional requirements to make sure only citizens vote.
Justice Antonin Scalia said the federal form was inadequate. “So it’s under oath,” he said. “Big deal. If you’re willing to violate the voting laws, I suppose you’re willing to violate the perjury laws.”
“Under oath,” he added, “is not proof at all. It’s just a statement.”
Patricia A. Millett, a lawyer for several groups challenging the Arizona law, responded that “statements under oath in criminal cases are proof beyond a reasonable doubt” sufficient to lead to the death penalty.
She added that tens of thousands of people had been rejected from the registration rolls because of the Arizona law, though there was no evidence that they were not citizens.
Briefs and other materials are here.
Contacts:
Mashpee Wampanoag Tribe: Brooke Scannell – 617-922-0094
Office of Governor Deval L. Patrick: Heather Johnson, Bonnie McGilpin, Juli Hanscom – 617-725-4025
GOVERNOR PATRICK AND CHAIRMAN CROMWELL SIGN GAMING COMPACT BETWEEN COMMONWEALTH AND MASHPEE WAMPANOAG TRIBE
BOSTON- Wednesday, March 20, 2013 – Governor Deval Patrick and Chairman Cedric Cromwell today announced that a new gaming Compact between the Commonwealth and the Mashpee Wampanoag Tribe has been signed and will now be sent to the Legislature for approval. This Compact paves the way for a resort-style casino in Region C in the southeast of Massachusetts, created by the Expanded Gaming Act signed by Governor Patrick in 2011. Continue reading
We previously posted an earlier appeal of this case to the state appellate system here. The Eastern Band tribal court had jurisdiction all along.
Here are the materials in Cardeon v. Owle Constr. II:
Here are the materials in Window Rock Unified School District v. Reeves (D. Ariz.):
DCT Order Granting Summary J to School District
We posted the complaint here.
Dear Indian Law Section Members:
We are pleased to announce wonderful additions to the 38th Annual Federal Bar Association Indian Law Conference in both content and form. As you know, the Conference is set to take place April 11-12, 2013 at the Buffalo Thunder Resort at Pojoaque Pueblo. Our Conference Co-Chairs – Patrice Kunesh, Andrew Adams, Angelique EagleWoman and Venus Prince – have put together an outstanding program and it is getting even better.
First, they are pleased to tell you that they are expanding the Conference agenda on Friday April 12 to include a special extended session addressing the recent historic reauthorization of the Violence Against Women Act, with particular attention to of its tribal jurisdiction provisions. Plenary Sessions 7 and 8 have swapped times, and the new expanded Plenary 7 will take place from 3:30 to 6:30 p.m. on April 12. “Surging Forward in Law Enforcement: Report from the Indian Law and Order Commission and Joint Listening Session with NCAI on VAWA Implementation” will be jointly moderated by Patrice and Venus and will include top thinkers on these important issues:
· John Dossett, General Counsel, National Congress of American Indians
· Troy Eid, ILOC Chairman and Shareholder, Greenberg Traurig LLP
· Affie Ellis, ILOC Commissioner and President, Ellis Public Affairs
· Jill Engel, Chief Prosecutor, Hopi Tribe
· Tom Gede, ILOC Commissioner and Counsel, Bingham McCutchen LLP
· Carole Golderg, ILOC Commissioner and Professor of Law and Vice Chancellor, UCLA
· Hon. Terri Henry, Councilwoman, Eastern Band of Cherokee, and Chair, NCAI Task Force on Violence Against Native Women
· Sam Hirsch, Deputy Associate Attorney General, United States Department of Justice
· Hon. Jefferson Keel, ILOC Commissioner and Lt. Governor, Chickasaw Nation, Oklahoma and President, National Congress of American Indians
· Hon. Theresa Pouley, ILOC Commissioner and Chief Judge, Tulalip Tribal Court
The U.N. Committee on the Elimination of Racial Discrimination (CERD), just issued an Early Warning and Urgent Action regarding the discriminatory impact of the construction of the border wall on indigenous peoples leaving in Texas. The petition was prepared by students at the Human Rights Clinic in collaboration with Dr. Margo Tamez (citizen of the Lipan Apache Band of Texas; Faculty of Indigenous Studies at the University of British Columbia Okanagan), in coordination with the Lipan Apache Women Defense, an Indigenous Peoples’ Organization (IPO), and members of the Lipan Apache Band.
Here is the letter from the UN CERD to the United States: http://www2.ohchr.org/english/bodies/cerd/docs/early_warning/USA1March2013.pdf
It is accessible at the bottom of this page, under the United States, 2013 ‘E’. > http://www2.ohchr.org/english/bodies/cerd/early-warning.htm
Here.
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