And now, the Wisconsin Supreme Court, which has been unhappily in the news.
In Wisconsin, tribal interests prevail in 23 percent of cases.
Here are the cases:
And now, the Wisconsin Supreme Court, which has been unhappily in the news.
In Wisconsin, tribal interests prevail in 23 percent of cases.
Here are the cases:
Here, via How Appealing.
An excerpt:
When it comes to the ongoing litigation between the Oneida Indian Nation and surrounding municipalities, it’s a long-running story with no end in sight.
The Oneida Indian Nation recently filed to bring its land-claim case to the U.S. Supreme Court. If the court accepts the case, it still might not be the end of 37 years of litigation over the roughly 250,000-acre claim.
If the court accepts the case, it simply would decide if the Oneidas are entitled to seek damages for the loss of that land. The nature of those damages still would have to be decided by a lower court if the sides couldn’t reach a negotiated settlement.
The issues between the Nation and the state and municipalities have been before the U.S. Supreme Court three times — two of which were related to the land-claim case.
“It’s the endless story, unfortunately,” Oneida County Executive Anthony Picente said.
The Nation had no comment on the filing.
Here are the “win” percentages for tribal interests in the states we’ve looked at so far (week 3 additions are in red, and it wasn’t pretty for tribal interests):
New York 88 percent (7 wins, 1 loss)
Montana 68 percent (38 wins, 18 losses)
Colorado 67 percent (4 wins, 2 losses)
South Dakota 50 percent (27 wins, 27 losses)
California 50 percent (2 wins, 2 losses)
Florida 50 percent (1 win, 1 loss)
Washington 47 percent (9 wins, 10 losses)
Alaska 46 percent (18 wins, 21 losses)
Oklahoma 43 percent (19 wins, 25 losses)
Utah 43 percent (3 wins, 4 losses)
Kansas 42 percent (5 wins, 7 losses)
Oregon 40 percent (2 wins, three losses)
North Dakota 38 percent (9 wins, 15 losses)
Nebraska 33 percent (3 wins, 6 losses)
Nevada 33 percent (3 wins, 6 losses)
Iowa 31 percent (4 wins, 9 losses)
Arizona 29 percent (4 wins, 10 losses)
Maine 27 percent (4 wins, 11 losses)
Wyoming 20 percent (2 wins, 8 losses)
Overall 47 percent (164 wins, 186 losses)
Here are the SCOTUSblog links to the Osage Nation v. Irby materials, and the Brown v. Rincon Band materials.
And now Maine, which has no intermediate appellate court.
In Maine, tribal interests prevail in 27 percent of cases.
Here are the cases from the last 25 years:
Here is a link to the opinion.
Here are two grain belt states, Iowa and Nebraska.
In Iowa, tribal interests are successful in 31 percent of cases
In Nebraska, tribal interests are successful in 33 percent of cases.
Here are the Iowa cases:
And now to a big target, Oklahoma. Oklahoma’s highest court for civil cases is the Oklahoma Supreme Court, and for criminal cases is the Oklahoma Court of Criminal Appeals.
In Oklahoma, tribal interests have a 43 percent success rate.
Here are the cases:
Here is Nevada.
In Nevada, tribal interests prevail in 33 percent of cases.
Here are the cases:
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