Crow Nation

Sad, Sad News: Carl Venne

Matthew L.M. Fletcher

From Indianz:

Carl Venne, the chairman of the Crow Tribe of Montana, was found dead in a relative’s home on Sunday. He was 62.

An autopsy will determine the cause of death but authorities do not suspect foul play. Word of his death spread quickly through the reservation and the state. “Carl leaves behind an entire nation strengthened by his hard work and his dedication to all Crow people,” said Sen. Jon Tester (D-Montana), The Billings Gazette reported. Venne was among the first tribal leaders to publicly endorse President Barack Obama. He welcomed the then-candidate last May to the reservation for a historic visit. Funeral arrangements are pending.

Get the Story:
Crow tribal chairman Venne found dead at relative’s home (The Billings Gazette 2/16)
Crow Tribal Chairman Dies (KULR-TV 2/16)
Crow Tribe Chairman dies at 62 (KTVQ 2/15)

Roberts v. Hagener — CA9 Upholds Montana State Hunting Laws

Matthew L.M. Fletcher1 Comment

The Ninth Circuit, in an unpublished disposition, affirmed a district court decision upholding Montana’s ban on non-Indian hunting on the Crow Reservation. The opinion is unpublished.

Here is a link to the briefs.

Obama’s Indian Policy Mentioned at Crow

Matthew L.M. Fletcher

From Kirsten Carlson:

In case you haven’t seen this, it’s a short video clip of Obama’s recent visit to the Crow Nation.  He outlines some of his Indian policy in his speech.

http://videos.billingsgazette.com/p/video?id=1888836

Part II of Billings Gazette Special Report on Tribal Sovereignty

Matthew L.M. Fletcher

From the Billings Gazette (Part I is here):

Three days a week, a dozen or so defendants in criminal cases appear before a Crow Tribal Court judge.

They could be charged with anything from a traffic violation to murder, and they could be there for a five-minute guilty plea or a weeklong trial. It’s all in the mix of a court schedule that begins at 8 a.m. and sometimes stretches into the evening.

Last year, the court handled 3,410 criminal cases, 335 civil cases, plus an intensive drug court and juvenile proceedings for a total of more than 4,200 cases, according to Associate Justice Julie Yarlott. During most of that year, the court was operating with just two judges. A second associate judge position is in the process of being filled.

Continue reading →

Billings Gazette Special Report on Tribal Sovereignty

Matthew L.M. Fletcher1 Comment

From the Billings Gazette:

When the last of the bison herds disappeared in the early 1880s, Indian nations on the Northern Plains were reduced to poverty.

In Montana, where there are no high-flying gambling operations and big population centers, economic conditions for American Indians have been slow to change. Unemployment is rampant, and business opportunities are scarce.

Through various acts of Congress, tribes are contracting with the federal government to provide essential services to their people. But federal funds, static for years, are shrinking. Tribes are taking on more responsibilities than ever for the welfare of their people and are pursuing economic opportunities to support their efforts.

Continue reading →

Stone v. Blackhawk — Tribal Court Exhaustion at Crow

Matthew L.M. Fletcher

Here is a simple tribal court exhaustion case arising out of a property dispute at Crow.

stone-v-blackhawk-complaint

magistrate-report and recommendation

objection-to-report-and-recommendation

dct-order-adopting-rr

Clinton and Obama with the Future of the Crow Nation

Matthew L.M. Fletcher

From Reznet News:

What are the chances of this? One baby winds up in the arms of two presidential candidates—and the infant is a Crow tribal member.

***

MISSOULA, Mont.—She’s not a superdelegate, she hasn’t donated money to any campaign and she won’t be eligible to vote until 2025.

Yet Tazawana Jo Barlow got face time and photo ops with both Democratic presidential candidates Hillary Clinton and Barack Obama when they appeared in Missoula last weekend.

How did the baby, who’s a Crow tribal member, manage the kind of access that most journalists and lobbyists can only dream about?

It helps to be 10 months old and very cute. That, and her mother has a knack for being in the right place at the right time.

***

The story originally was published by CrowNews.Net [1] and is used with permission.

Tales from the Cert Pool: Montana Taxes at Crow

Matthew L.M. Fletcher

The Supreme Court denied cert in a case captioned Montana v. Crow Tribe of Indians, 484 U.S. 1039 (1988) (No. 87-343). The case involved the State’s attempt to impose severance and gross proceeds on a non-Indian mining company.

The cert pool memo (from a Rehnquist clerk no less) ripped the State’s argument:

[Montana]’s contention that its taxes should not be preempted because they fall on Westmoreland, rather than on the Crow Tribe itself, is ludicrous. The state severance and gross proceeds taxes have restricted the amount of taxation [Crow] can levy on its lessees. The CA9 found that the marketability of [Crow]’s coal was significantly diminished by [Montana]’s taxes, resulting in a corresponding decrease in the amount of money accruing to[Crow]’s coffers.

Cert Pool Memo at 7.

How times have changed. After Cotton Petroleum and Wagnon, states can strategically tax for the specific purpose of limiting on-reservation activities and all but eliminate tribal tax base.

Montana Indian Country Voting Rights Case

Matthew L.M. Fletcher

An anti-tribal group called Citizens Equal Rights Alliance attempted to bring a Section 2 Voting Rights Act claim. This week, the federal district court dismissed this claim. [H/T to Indianz]

The complaint is here.

The State of Montana’s motion to dismiss is here: Motion to Dismiss

CERA’s response is here: Opposition to Motion to Dismiss

Montana’s reply brief is here: Reply in Support of Motion to Dismiss

Order Dismissing Action: Order

The ACLU Voting Rights Project attempted to intervene in the action, but the judge dismissed the case before ruling on the motion — Brief in Support of Motion to Intervene.

We at the ILPC are pleased to note that we will be hosting a mini-symposium on the Voting Rights Act in Indian Country next semester. We’ll have Laughlin McDonald of the Voting Rights Project, Ellen Katz of the University of Michigan Law School, and Daniel McCool and Susan Olson of the University of Utah. Profs. McCool and Olson are co-authors of the new book — Native Vote: American Indians, Voting Rights, and the Right to Vote (Cambridge).