Oneida Land Claims Petitions Listed on SCOTUSBlog’s Relist List


United States v. New York (relisted after the 9/26 Conference)

Docket:  10-1404

Issue(s):  Whether the United States may be barred from enforcing the Nonintercourse Act against a state that repeatedly purchased and resold (at a substantial profit) Indian lands in violation of the Act between 1795 and 1846, based on the passage of time and the transfer of the unlawfully obtained Indian lands into the hands of third parties, when the United States seeks monetary relief only against the state.

Certiorari stage documents:


Oneida Nation of New York v. County of Oneida, New York (relisted after the 9/26 Conference)

Docket:  10-1420

Issue(s):  (1) Whether the court of appeals contravened this Court’s decisions inOneida Indian Nation of New York v. County of Oneida and City of Sherrill v. Oneida Indian Nation by ruling that “equitable considerations”  rendered petitioners’ claims for money damages for the dispossession of their tribal lands in violation of federal law void ab initio; and (2) whether the court of appeals impermissibly encroached on the legislative power of Congress by relying on “equitable considerations” to bar petitioners’ claims as untimely, even though they were brought within the statute of limitations fixed by Congress for the precise tribal land claims at issue.

Certiorari stage documents:

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