Update in Alto v. Salazar (San Pasqual Disenrollment Challenge)

We left it in December with the court enjoining Interior from removing the Alto plaintiffs from the San Pasqual Band rolls. Here are additional materials leading to last week’s order denying the tribe’s motion to dissolve the order:

San Pasqual Motion to Dissolve PI

San Pasqual Motion to Dismiss

Interior Response

Alto Response to Motion to Dismiss

San Pasqual Reply in Support of Motion to Dismiss

San Pasqual Reply in Support of Motion to Dissolve

DCT Order Denying Motion to Dissolve

And now pending responses:

Alto Motion for Summary J

Colville Suit against IHS over Declination of Emergency Medical Services Self-Governance Compact Increase

Here is the complaint in Confederated Colville Tribes v. Sebelius (D. Or.):

Colville Complaint

Briefing in Cahto Tribe Appeal of Federal Order to Re-Enroll Disenrollees

Here are the Ninth Circuit briefs in Cahto Tribe of the Laytonville Rancheria v. Dutschke:

Cahto Opening Brief

BIA Answering Brief

Sloan Family Amicus Brief

Cahto Reply

lower court materials here.

KCBS News in Los Angeles on Disenrollments at Pechanga and Pala

Here.

Amended Cherokee Nation Complaint in Freedmen Suit

Here is the amended complaint in Cherokee Nation of Oklahoma v. Nash (N.D. Okla.):

Cherokee nation vs nash 4 23 2012 Cherokee filing

From the motion for leave to amend:

The proposed Amended Complaint by the Cherokee Nation does not change the original parties, nor add causes of action. It changes the cause of action from a focus upon federal abrogation of the Treaty, to a focus on interpretation of the Treaty language as it was meant by the parties at the time, and as later interpreted by federal statute and cases.

 

Kevin Maillard on the Elizabeth Warren Cherokee Controversy

Here (h/t to R.M.).

An excerpt:

For the Cherokee Nation, Warren is “Indian enough;” she has the same blood quantum as Cherokee Nation Chief Bill John Baker. For non-Natives, this may be surprising. They expect to see “high cheekbones,” as Warren described her grandfather as having, or tan skin. They want to know of pow wows, dusty reservations, sweat lodges, peyote and cheap cigarettes. When outsiders look at these ostensibly white people as members of Native America, they don’t see minorities. As a result, Warren feels she must satisfy these new birthers and justify her existence.

Looked at from the inside, however, the Warren controversy is all new. When the Brown campaign accused Elizabeth Warren of touting herself as American Indian to advance her career, this was news to Native law professors. We have a good eye for welcoming faculty to the community and identifying promising scholars. We know where people teach, what they have published and we honor them when they die. Harvard Law School named its first Native American tenured professor? Really? In our small indigenous faculty town, we would have heard about it already.

Santa Clara Pueblo Votes to Change Membership Rules

Here.

Federal Court Denies Pala Band Members’ TRO against Dept. of Interior

Here are the materials in Aguayo v. Salazar (S.D. Cal.):

Aguayo Motion for TRO

Salazar Opposition

Aguayo Reply

DCT Order Denying Aguayo Motion for TRO

New Scholarship on Indian Gaming and Native Identity

Matthew King has posted his paper, “Indian Gaming and Tribal Identity,” on SSRN. It was published in the Chicano-Latino Law Review.

Here is the abstract:

The article presents the significant developments in the law governing Indian gaming with a view to assessing gaming’s politicization of Native identity. By addressing the stereotypes and caricatures of Native Americans and tribes that animate legal and political change in the field, the article seeks to demonstrate the essentialism of Indian gaming and the consequent effect of gaming politics on Native identity. Key among the views expressed are that Indian gaming produces real, non-theoretical gains for tribes, which in turn creates new subject positions for Native Americans, and that gaming introduces substantial non-Native influence into the process of tribal government, thereby enacting a social and political cost to tribes. The article covers in separate sections the Indian Gaming Regulatory Act of 1988, Tribal-State compacting in California, and critical responses to Native identity under an identity politics rubric.

Opening D.C. Circuit Brief in Vann v. Interior

Here:

Opening Vann Brief