Request for Applications; Tribal Issues Advisory Group

In view of two upcoming vacancies in the at-large membership of the Tribal Issues Advisory Group, the United States Sentencing Commission hereby invites any individual who is eligible to be appointed to the at-large membership of the Tribal Issues Advisory Group to apply. An applicant for membership in the Tribal Issues Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below. Application materials should be received by the Commission not later than December 26, 2023.

Here is the official notice:

Lac du Flambeau Ojibwe Letter to Wisconsin Senate re: Discriminatory and Retaliatory Grant Denial by State

Here:

Prior post here.

Cayuga Sues New York over Illegal Highway

Here is the complaint in Cayuga Nation v. Hochul (W.D. N.Y.):

1 Complaint

Yavapai-Apache Nation Appellate Court Decides La Posta Band of Diegueno Mission Indians v. Yavapai-Apache Nation

Here is the opinion:

Most recent related post here.

Florida SCT Briefs in West Flagler LLC v. DeSantis

Here:

Montana Federal Court Confirms Cancellation of Eagle Bear Lease

Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.)

Prior post here.

Materials on Eagle Bear’s bankruptcy proceedings are here.

Guest Post: Bob Hershey on Contemporary Attacks on Sacred Sites

KILLERS OF THE FLOWER MOON IS A STUDY IN GENOCIDAL VILLANY: THE UNITED STATES CONTEMPORARY WAR ON NATIVE AMERICAN SACRED SITES CONTINUES THE RAMPAGES OF THAT ERA.

By what imagined rights does the United States attempt to legitimize its original conquest of Indigenous Peoples and continue to obliterate Native Americans’ Holy Places? In the quest for mineral enrichments–be it oil, copper, lithium, or uranium– how long should we enable and benefit from the sort of genocidal dispossession depicted in Killers of the Flower Moon?

            From first contact between Europeans and Indigenous Peoples, dehumanization of American Indians has been the invention necessary to Colonialism. To this end Spain’s monarchs solicited pontifical decrees, “Papal Bulls.” Popes blessed inherently non-Christian subjugations of “heathens, infidels, and savages,” birthing the Doctrine of Discovery, the notion that cross-Atlantic sea travel somehow conveyed title to “America” to European nations. Pope Francis repudiated this indefensible foundation for White Supremacy earlier this year (link), but its legal and cultural legacies live on, perpetuating the inhumane treatment of Indigenous Peoples so poignantly depicted in Killers.

Founding American myths of the righteousness of conquest and of Manifest Destiny both fed and were propagated by the Marshall Trilogy, the suite of Supreme Court opinions (1823 –1832) at the root of U. S. American Indian Law. The first chief justice, John Marshall, wrote that the courts of the conqueror would not apologize for bringing the benefits of “civilization” to America’s Native Nations. Marshall argued that leaving Native Peoples in possession of their lands and resources would condemn America to a forever wilderness and that solving the “Indian problem” required subordination of Native Americans as “wards of the state.”

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Oklahoma Federal Court Declines to Overturn Non-Indian Conviction in General Crimes Act Case

Here are the relevant materials in United States v. Smith (N.D. Okla.):

Oklahoma Federal Court Dismisses Indictment of Non-Indian Confederate in Indian Country Crime

Here are the relevant materials in United States v. Brown (N.D. Okla.):