The End of a Michigan Law Allowing Scientists to Dig Up “Aboriginal Inhabitants”

Came across this short note in Indian Talk, a 1973 newsletter by and about Michigan Indians and a precursor to the original Turtle Talk, referencing a federal lawsuit filed to have Michigan public law 750.160 declared unconstitutional. That law prohibited Dr. Frankenstein and others from digging up graves, but granted an exception to Indiana Jones in case he found some Indian bones:

Shay Elbaum at the Michigan law library found a 1974 law repealing the part about “aboriginal inhabitants.”

Can’t find a record of the lawsuit, however. It probably went away when the state legislature repealed the exception.

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

Prior post on the D.C. Circuit decision from which this case is on remand here.

Briefs:

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Here are the materials in United States v. Skeet (D.N.M.):

Not a bird

Utah and Counties Sue Government over Restoration of Bear Ears

Here is the complaint in Garfield County v. Biden (D. Utah):

Peggy Fontenot [represented by Pacific Legal Foundation] Challenge to Missouri American Indian Arts and Crafts Act Dismissed

Here are the materials in Fontenot v. Schmitt (W.D. Mo.):

https://www.fontenotphotography.com/contact/about

“Re-Indigenizing Yellowstone” in the Wyoming Law Review

Kekek Jason Stark, Autumn L. Bernhardt, Monte Mills, and Jason A. Robison have published “Re-Indigenizing Yellowstone” in the Wyoming Law Review. HIGHLY RECOMMENDED.

FLOW Livestream Event on Line 5 at 11AM Today

Here:

Hear about recent developments in the widespread effort to shut down Enbridge’s Line 5 in the Straits of Mackinac and stop the proposed oil tunnel. Presenters will answer questions from attendees.

Panelists

  • Liz Kirkwood, FLOW Executive Director  – Host
  • Whitney Gravelle, President, Bay Mills Indian Community
  • Zach Welcker, FLOW Legal Director
  • Sean McBrearty, Campaign Coordinator, Oil & Water Don’t Mix.

This event is occurring just after the 12th anniversary of the Enbridge Line 6B Kalamazoo River oil spill disaster. At the Straits of Mackinac, Enbridge Line 5 poses a dire threat in what University of Michigan scientists called “the worst possible place for an oil spill in the Great Lakes.”

Eighth Circuit Dismisses South Dakota’s Appeal of the Mount Rushmore Fireworks Ban

Here is the opinion in Noem v. Haaland.

Briefs here and here.

Split Ninth Circuit Panel Allows Oak Flat Mining to Proceed

Here is the opinion in Apache Stronghold v. United States.

Briefs here.