Turtle Talk

BTW, if Mr. Mystal is right and we forget about how the new administration is directly and intentionally attacking the legitimacy of the federal judiciary this week, and instead talk about whether the nominee is more or less like Scalia, this nomination will be entirely meaningless. Any nominee, no matter who it is, should tell the President “no thanks” if he (and it’ll be a “he”, we all know that) is being picked because he won’t vote against the current administration. Sadly, we also all know that’s exactly why the nominee chosen will have been chosen.

AEI Panel with Naomi Schaefer Riley & Rep. Bishop Live on YouTube at Noon Eastern

January 30, 2017January 30, 2017Matthew L.M. Fletcher

Here.

If you’re going to watch this, try skimming this first: “George Orwell and the Power of a Well-Placed Lie.”

UPDATE: And, no, I won’t watch it live because they have a live chat and that gives voice to people who are advocating for violent civil war and the mass murder of all “liberals.”

For Rep. Bishop: Repost of Fletcher Commentaries on “The New Trail of Tears”

January 30, 2017Matthew L.M. Fletcher2 Comments

Here:

The first commentary, “Framed by a Friend,” is here.
The second commentary, “Turning Indian History against Indians,” is here.
The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying Toddlers)” is here.
The fourth commentary, “”Indians as Unmotivated, Dependent Victims” is here.
Monte Mills’ guest commentary is here.
The fifth commentary: “Tearing Down American Indian Educators and Parents” is here.
Commentary on NSR’s DAPL column is here.
The final commentary: “Repeating the Mistakes of the Past in ‘The New Trail of Tears,’” published in the LA Review of Books, is here.

Don’t forget Kelli Mosteller’s response to NSR in the Atlantic.

North Dakota Legislature Asks Congress for Power to “Engage” with Indian Nations; Also to Fix “Failed” Reservation System

January 30, 2017January 30, 2017Matthew L.M. Fletcher4 Comments

Here is the website for HCR 3017. The text:

A concurrent resolution urging Congress to modify the Indian reservation system by vesting the states with the ability to engage in relations with Native American tribes and with the responsibility of developing plans to improve the failed Indian reservation system, advance and elevate the quality of life on Indian reservations, promote and increase literacy on Indian reservations, and help Indian reservations to achieve economic stability and independence.

Document here: 17-3014-03000.

Strange for North Dakota to ask permission for what virtually every other state with Indian tribes inside their borders already does. The language on the “failed” reservation system seems like Orwellian-speak for “we can’t make the North Dakota tribes comply with our wishes so give us control over them.” Only a state that has failed in its relationship-building with Indian tribes would ask for this so-called power.

Lowering the Bar: “Bill Would Provide Immunity for Accidentally Running Over Protesters”

January 29, 2017January 26, 2017Matthew L.M. Fletcher

Here.

An excerpt:

Seems doubtful this would be constitutional if it were to pass (and no one else quoted in the report seemed too enthused about it). By his own admission, the bill is a response to the Dakota Access Pipeline protests, and so (although the language itself is neutral) it is arguably a content- or even viewpoint-based restriction because the intent is to deter a certain kind of speech. If so, it would be subject to strict scrutiny and almost certainly struck down. (Note that it doesn’t require the “obstructing” to be illegal, so far as I can tell.) Even if you consider it content-neutral, it would still have to pass the rational-basis test. And it’s hard to see what the rational basis for this would be, or at least I can think of reasons it’s irrational.

The Hill: “Trump hangs portrait of Andrew Jackson in Oval Office”

January 28, 2017January 26, 2017Matthew L.M. Fletcher1 Comment

Here.

Friday Job Announcements

January 27, 2017Sarah M Donnelly

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

National Indian Gaming Commission

Financial analyst, Washington D.C. Closes 1/30/2017.

Jill Grant & Associates, LLC

Associate Attorney. Jill Grant & Associates, LLC, based in Washington, D.C., is seeking an associate attorney. Experience and/or demonstrated interest in environmental law is required. Jill Grant & Associates provides environmental counsel and representation to Indian tribes, tribal entities, and other environmental organizations, and represents tribes on jurisdictional and administrative law issues. We are an equal opportunity employer. Native Americans are encouraged to apply. To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) a law school transcript by email to associateposition@jillgrantlaw.com.

Hannahville Indian Community

Associate General Counsel.