Thursday, July 26, 2007

Carcieri v. Norton

The First Circuit finally decided Carcieri v. Norton sitting en banc. Significantly, all six circuit judges agreed that Section 5 of the Indian Reorganization Act was constitutional as applied, with two circuit judges dissenting on the grounds that the majority misinterpreted the Rhode Island Indian Claims Settlement Act.

A big win for Indian Country, especially for tribes that have had their federal recognition restored or reaffirmed since 1934. The State of Rhode Island had argued that the Narragansett Tribe could not take advantage of Section 5 because the IRA only applied to tribes that had been recognized in 1934.

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