Here. Second story in the newscast.
National Native News Podcast; Includes Segment on Bay Mills
Here. Second story in the newscast.
News
Post-Hoc Revision of Supreme Court Decisions
This has made big news in SCT watcher circles. Prof. Lazarus’ draft Harvard Law Review article (which I suppose is itself subject to later revision) highlights two Indian law decisions, one of the Seminole Nation trust cases of the 1940s and Cass County in 1998.
The excerpt on Cass County:
The errata sheets have acknowledged the mistaken omission of the fact that Justices dissented and of an entire separate opinion of a Justice. The Court has even used the errata sheet to delete part of its rationale. In Cass County v. Leech Lake Bank of Chippewa Indians, decided in 1998, the Court explained that it declined to consider a particular legal issue concerning the scope of the Indian Nonintercourse Act because “the parcels at issue here are not alienable – and therefore not taxable – under the terms of the Indian Nonintercourse Act.” In a subsequent volume of the U.S. Reports, the Court described that reason as erratum and added that “this issue is outside the question presented in the petition for certiorari.”
An on Seminole Nation:
Seminole Nation v. United States, 316 U.S. 651 (1942) (amending opinion to make clear that certain legal issues were available for consideration on remand (see 316 U.S. 286 (1942))
50 Senators Urge Washington Football Team to Change Nickname
From the NYTs, “Citing N.B.A. Example, Senators Urge N.F.L. to Act on Redskins’ Name.”
State Court Case Dismissed in Cayuga Nation Leadership Dispute
Opinion here.
Press release here.
A state supreme court has dismissed the law suit filed by former Cayuga leaders Clint Halftown, Timothy Twoguns, and Gary Wheeler against the Nation’s current government, the Unity Council.
In its May 19th ruling, the Seneca County Supreme Court adopted the Unity Council’s position that “because the underlying allegations in [Halftown’s] law suit are fundamentally founded on the longstanding question of who has the right to lead the Nation, no determination could be made by
this Court without interfering in tribal sovereignty and self-government.” The Court rejected Halftown’s claim that he is recognized as a leader of the Nation by the United States, and
suggested that regardless of Halftown’s position within the nation, the law suit lacked merit. “Notably,” the court ruled, “there is a dearth of allegations regarding any direct involvement by any of the named defendants at any of the incidents.”
News Profile of Tribal Sovereignty in South Dakota
Here. “What is tribal sovereignty?”
Article on the use of banishment in the rural Alaska Native village of Tanana
After the recent shooting deaths of two Alaska state troopers, the village of Tanana has turned to banishment as a way of protecting the community. The use of banishment is very controversial, raising a host of legal questions, but the circumstances of this village demonstrate how few options community members feel that they have under current jurisdictional conditions.
Full article here.
The Tanana Village Council, the Athabascan Indian tribal authority in the village of 250, is taking steps to expel two men whose actions contributed to the homicides and who have threatened other community members, council Chairman Curtis Sommer said.
“This is the only way we have to remove individuals who are — how do we say it? — who are dangerous to members of the community,” Sommer said.
The action is infrequent in Alaska, and when it is used, some question whether a tribal entity has the right to limit access to a community otherwise governed by state law. Those who are banished rarely contest the action publicly, and it isn’t clear if banished residents go on to cause problems in other communities because no one tracks them. . . .
The state can’t afford to pay for law enforcement in small villages like this but they also refuse to let tribes have full authority over law enforcement, beyond an unarmed public safety officer, Kendall-Miller said. State troopers are flown in to deal with violence, but they can sometimes take days to arrive. . . .
Sommer concedes banishment is a “slippery slope.”
“It’s got to be very significant circumstances that would warrant this, either violent assaults or murder,” he said. “At what point do we draw the line on this? I do not know. I do know it’s not going to be used frivolously just to get back at someone.”
The village council will ask the state to enforce banishments. The Alaska Department of Law said it would carefully evaluate a banishment order. Kendall-Miller has seen unofficial support in the past.
“We have seen state police officers that have attempted to accommodate the tribal council’s blue ticket orders by helping to prevent individuals from coming back,” Kendall-Miller said. “It has been an informal arrangement that was done out of necessity.”
“If they do not enforce it, we will enforce it ourselves. We will get a group of men together and go to that person and tell him to leave and to not come back.”
H/T to SW.
White Earth Nation Taking over Human Services Cases from Surrounding Counties
In 2011, the Minnesota legislature authorized White Earth to take over all human services programs for tribal members and families in surrounding counties.
Bill text here.
With more tribes looking at options to provide more services for tribal members residing off reservations, it will be interesting to see how this implementation process will work for White Earth.
News coverage on the transfer here.
Before the transfer began, White Earth was offering some human services programs, including tribal child care assistance, child welfare programs, disability waivered services and food distribution programs.
However, people also qualified for several other programs that only the counties offered.
That meant a lot of back and forth and confusion for recipients who were juggling programs from different agencies.
The complete transfer – the first of its kind in Minnesota – will mean people will have their cases streamlined into one place where they can receive all benefits together.
Document with the transfer proposal for Mahnomen county cases here.
H/T to Adrea Korthase!
Slate: Worst Argument Ever against Gay Marriage — Pocahontas and John Rolfe?
Hubba wha?
Here, “The Worst Argument Ever Made Against Gay Marriage” by David S. Cohen.
An excerpt:
I won’t hide the ball here, so here it is: Gay people should not be able to get married because Pocahontas married John Rolfe.
This argument was actually made in federal court Tuesday, before the judges of the Court of Appeals for the 4th Circuit in Richmond, Virginia. They were hearing a challenge to Virginia’s ban on same-sex marriage. The argument is hands-down the worst argument ever offered against same-sex marriage.
A link to the oral argument is here.
RCMP Report on Missing and Murdered Aboriginal Women Shows Disproportionate Rates of Homicide and Missing Women Cases
Today, the Royal Canadian Mounted Police issued “Missing and Murdered Aboriginal Women: A National Operational Overview.”
Link to full report here.
Speakers at the press conference highlighted numerous disturbing statistics and then officially resolved to promote more national prevention initiatives.
The report only looked at police reported cases from 1980-2012. This means that any unreported cases, closed cases, or cases from prior to 1980 will not be represented in the statistics.
Some key finding:
- 1181 homicides and unsolved cases involved Aboriginal women. Of that number 160 were missing and 1017 were homicide victims.
- 225 of those cases remain unsolved, 105 unsolved missing women cases and 120 homicides.
- As of November 2013, 6,420 people are missing in Canada, 22% of these are missing women and of that group 11.3% are Aboriginal women.
- For women involved in the sex trade, the solve rate is only 60% for Aboriginal women and 65% for non Aboriginal women.
Disproportionate Impact:
Aboriginal women are only 4.3% of the population, yet comprise 11.3% of total missing women cases and 16% of total female homicide cases. *Later it was mentioned that while female homicide rates are decreasing in general in Canada, there is not a similar decrease in Aboriginal female homicides. Therefore, the percentages are actually higher – more like 23% of female homicides.
Perpetrators:
89% are males, average age of 35, and the majority knew their victims. Some common characteristics: underemployed, high use of intoxicants, criminal records, and a history of violence against the victim.
The full report includes much more information, but these few statistics demonstrate what many in Indigenous communities have been saying – Indigenous or Aboriginal women comprise a disproportionate amount of missing and murdered women in Canada. These limited statistics are proof of the terrible reality that Indigenous community members have been discussing for years. Some will say that these numbers still do not truly show the full situation. It remains to be seen whether this report will signal the beginning of better cooperation among national and provincial police with Indigenous communities to protect Indigenous women and girls or if it will remain one more depressing report to be filed away and forgotten.
*As a side note, when we will we see a similar study in the United States? Where are U.S. national statistics on missing and murdered Native women?
Previous coverage of missing and murdered Indigenous women in Canada here.
Native American Rights Fund on Humetewa Confirmation
Today the United States Senate unanimously confirmed Diane Humetewa as a United States District Court Judge for the District of Arizona. Humetewa is a member of the Hopi Tribe and is now the first American Indian woman federal judge. She was the U.S. Attorney for the District of Arizona from 2006 to 2009.
NARF Executive Director John E. Echohawk congratulated Judge Humetewa on her confirmation: “She is well-qualified for this position and the Federal Judicial Selection Project, staffed by NARF and NCAI attorneys, has long-supported her nomination and confirmation. With today’s historic vote, she will be the only Native American federal judge currently sitting and the first Native American woman in the federal judiciary. With this important milestone, we acknowledge that there are still a lot of judicial vacancies and accomplished, well-qualified Native American attorneys who are ready to serve. We look forward to supporting more nominees like Judge Humetewa in the future.”
Turtle Talk 
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