Sac and Fox Nation v. Borough of Jim Thorpe Cert Petition

Here:

Thorpe Petition and Appendix (00059355)

Question presented:

The Native American Graves Protection and Repatriation Act (NAGPRA) applies to “any” institution or state or local government agency that receives federal funds and “has possession of, or control over,” Native American human remains. The Act requires these covered entities to inventory those remains and, at the request of Native American tribes or lineal descendants, to return them.

The question presented is whether the absurdity doctrine allows courts to exempt otherwise covered entities from NAGPRA based on how the entity acquired the Native American remains.

Lower court materials here.

News coverage here. Thanks to MKN.