Commentary on Arizona Snowbowl Case

From NewsPirates:

Native Americans have traditionally come up short, getting the s**** end of the stick from the Federal government for several hundred years. The 9th Circuit Court of Appeals has given it to them again, this time literally.

The court ruled that using treated wastewater on the San Francisco Peaks in Arizona to make artificial snow does not violate the Religious Freedom Restoration Act and overturned a previous ruling that would have protected the mountain that is sacred to at least 13 Indian tribes.

These dunderheads wrote this in the majority: “The only effect of the proposed upgrades is on the Plaintiffs’ subjective, emotional religious experience.”

Okay so let’s start spraying treated wastewater on the National Cathedral to clean it! Maybe we should mandate that those upscale ski resorts in Aspen should use refined sewage to make their snow so that the rich can zip down the trails! Maybe the next time the Pope shows up he can get out a hose and use some treated effluent, blessed as it comes out of the nozzle, to wet down the adoring throng!

But the real issue is religious freedom. The site has been sacred to Native Americans not for just a few hundred years but for a few thousand. The judges ruling that the tribe “cannot dictate the decisions that government makes in managing ‘what is, after all, its land.’, is a bull. It was the Indians land long before the government ever showed up to commit our own little genocide.

The tribes will appeal, probably to the U.S. Supreme Court, but considering the make up of that what is now a less than august body, their chances are not very good and you know what will continue to be sprayed on the San Francisco Peaks.

US v. Ramirez — “Indian” Status of Victims under 18 USC 1152

The Ninth Circuit held in US v. Ramirez affirmed a holding that tribal ID cards and tribal residency on the San Xavier Reservation of the Tohono O’odham Nation was sufficient to prove “Indian” status of victims under 18 USC 1152.

Cachil Dehe Band v. California — Ninth Circuit Affirms Rule 19 Dismissal of Claim against State

Rule 19 (my favorite FRCP) strikes again!

Here is the opinion in Cachil Dehe Band of Wintun Indians v. State of California: cachil-dehe-band-v-california-ca9-opinion

And the briefs:

cachil-dehe-band-brief

california-brief-cachil-dehe-band

tribal-amicus-brief-cachil-dehe-band-case

Navajo Nation v. USFS (Snowbowl Case) Reversed by CA9 En Banc

Here is the opinion (100 pages).

Here is the audio of the oral argument.

And here are many of the briefs.

Roberts v. Hagener — CA9 Upholds Montana State Hunting Laws

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.

Roberts v. Hagener — Equal Protection Claim re: Montana State Hunting Laws

Here are the briefs in a claim pending before the Ninth Circuit that state hunting laws are violative of the equal protection clause as discrimination against non-Indians.

roberts-appellant-brief

montana-appellee-brief

roberts-reply-brief

Barona Band v. Yee — CA9 Tax Case

Indianz reports the Ninth Circuit issued an opinion in Barona Band v. Yee. Here are the briefs:

barona-band-opening-brief

yee-response-brief

barona-band-reply-brief

Billings Gazette Special Report on Tribal Sovereignty

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.

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Ninth Circuit Affirms Constitutionality of Bald Eagle Protection Act

In consolidated cases, the Ninth Circuit affirmed the constitutionality of prosecuting American Indians under the Bald and Golden Eagles Protection Act, rejecting a challenge under the Religious Freedom Restoration Act. A similar case is under review by the Tenth Circuit (United States v. Friday).

The Ninth Circuit applied a 2003 precedent, United States v. Antoine, upholding the law under similar facts. Here are the materials.

us-v-antoine-ca9-2003

vasquez-ramos-opening-brief

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California Compact Dispute Argued before the Ninth Circuit

Here are the briefs in San Pasqual Band v. Schwarzenegger:

san-pasqual-opening-brief

california-appellee-brief

california-tribal-business-assn-amicus

san-pasqual-reply-brief

And here is news coverage from Indianz:

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