treaty rights

In addition to spewing racism and ultra-nationalist vitriol, CERA began 2016 by continuing its work with property rights groups to oppose tribal sovereignty around the country. On January 24, CERA leaders Lana Marcussen-Saucerman and Butch Cranford were slated to host an event with the Central New York Fair Business Association in Verona, New York. The event was to be moderated by CERA Chair Judy Bachman of Vernon. The Business Association has participated in past CERA events and joined CERA in lawsuits opposing Oneida Indian Nation sovereignty.

News Profile on Little Traverse Odawa Treaty Rights Suit

January 27, 2016Matthew L.M. Fletcher

Here.

Michigan Tribe Seeks Attorney for Treaty Rights Litigation

January 14, 2016Sarah M Donnelly

The Sault Ste. Marie Tribe of Chippewa Indians (Michigan) seeks an attorney of stature and notable experience to serve as lead counsel for the negotiation, or litigation, of a resource allocation agreement for court affirmed treaty rights, along with possible litigation regarding exterior boundaries of the ceded territory.

Preference will be given to those submissions showing extensive and demonstrable experience in treaty rights litigation. To receive an RFP packet contact Aaron Schlehuber at lawaaron@saulttribe.net.

Ninth Circuit Briefs in Upper Skagit Indian Tribe v. Suquamish Indian Tribe

January 5, 2016February 4, 2016Matthew L.M. Fletcher

This is the appeal in United States v. Washington subproceeding 14-01:

Suquamish Opening Brief

Lower court materials here.

Tenth Circuit Affirms Dismissal of Sand Creek Massacre Trust Claims

December 23, 2015Matthew L.M. Fletcher

Here is the opinion in Flute v. United States.

An excerpt:

This case arises out of an ignominious event in the history of this Nation. In 1864, the United States Army conducted an unprovoked attack on a group of unarmed Indians, who had relocated to an area next to the Sand Creek River in the Territory of Colorado at the direction and under the protection of the Territorial Governor. When what has become known as the Sand Creek Massacre was over, most of the Indians were dead, including many women and children. After an investigation, the United States publicly acknowledged its role in the tragedy and agreed to pay reparations to certain survivors of the massacre. But those reparations were never paid.

Plaintiffs are descendants of the victims of the 1864 Sand Creek Massacre and bring this action for an accounting of the amounts they allege the U.S. government holds in trust for payment of reparations to their ancestors. Because the United States has not waived its sovereign immunity, we affirm the district court’s dismissal of such for lack of subject matter jurisdiction.

Briefs here.