From Indian Country Today:
Sotomayor could make a difference
By Matthew L.M. Fletcher, Guest editorial
Indian Country is celebrating the confirmation of Justice Sonia Sotomayor to the United States Supreme Court – and rightfully so. But those observers hoping for a quick turn-around of the Supreme Court’s pitiless assault on tribal interests as evidenced by cases like Carcieri v. Salazar, United States v. Navajo Nation, and Plains Commerce Bank v. Long Family Land and Cattle Co. may be disappointed.
Justice Sotomayor is just one vote, and replacing Justice Souter’s vote would not have made a difference in the outcomes of any of the cases mentioned above, or literally any Indian law case since Souter began on the court. Moreover, Justice Sotomayor is not a guaranteed vote for tribal interests, though there is good reason to think she will be more sympathetic of the legal arguments made by tribal advocates. As a judge on the Second Circuit, she heard very few Indian law cases, and none involving a hotly-disputed subject. As such, she could be considered a kind of blank slate on Indian law issues.
Turtle Talk 