Here are those materials:
9-10-12 2d Cir Order staying mandate (05-945)
Oneida Indian Nation v. Madison County
Madison and Oneida Counties to Seek Supreme Court Review of Oneida Reservation Boundaries
Here is the latest pleading from the counties, seeking a stay from the CA2 on the reservation boundaries question:
Here was our last post, with the counties seeking en banc review of the reservation boundaries issue (the court recently denied the petition).
New Student Scholarship on the Second Circuit’s Decision in Oneida Indian Nation v. Madison County
The Buffalo Law Review has published, ‘The Power to Tax is the Power to Foreclose: Reuniting Law and Logic in Tribal Immunity from Suit.”
Madison and Oneida Counties Seek En Banc Review of Second Circuit’s Reservation Disestablishment Ruling
On Remand from SCT, Second Circuit Decides Oneida Indian Nation v. Madison County … Against OIN
Here is that opinion:
Why the Oneida Foreclosure Case Will Not Go to the Supreme Court
Despite much speculation at Indianz, and grandstanding by Judge Cabranes and the anti-tribal parties, it seems very unlikely the Supreme Court will agree to grant a petition for cert in Oneida Indian Nation v. Madison County. To be sure, the question whether tribal sovereign immunity can prevent foreclosure actions against tribally-owned fee lands is certworthy, and there may already be a split in authority of sorts (the Second Circuit and the Mass. Supreme Judicial Court in a case involving the Aquinnah Wampanoag a few years back), but the Oneida case doesn’t seem to be the vehicle.
In short, this case is all but moot. And the Second Circuit nearly passed on the underlying question because the land in question may soon go into trust (perhaps after a few years litigation). Consider part of the early portion of the majority opinion in OIN v. Madison County:
Since this Court heard oral argument in this matter, there have been several developments that affect the practical implications of this Court’s decision on Madison and Oneida Counties. While these developments do not render moot any of the issues before this Court on appeal, we think it useful to describe them briefly.
Oneida v. Madison County News Coverage
From How Appealing:
“Court: Oneida Indian Nation can ignore tax collector.” Today’s edition of The Post-Standard of Syracuse, New York contains an article that begins, “When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can’t be taken to court because it’s sovereign.”
The Oneida Daily Dispatch reports today that “Court rules that Madison and Oneida counties can’t foreclose on Oneida Indian Nation land.”
And The Utica Observer-Dispatch contains an article headlined “US judges: Counties can’t foreclose on Oneidas.”
Second Circuit Affirms Oneida Indian Nation’s Immunity from County Land Foreclosure Efforts
Here is the opinion in Oneida Indian Nation v. Madison County: Oneida v Madison County et al 05-6408
Turtle Talk 