SCOTUSBlog (Ronald Mann) Preview of Patchak v. Zinke

Here.

An excerpt, and a little horn tooting:

The most telling argument for the government is the recitation (in an amicus brief filed by a group of law professors) of the dozens of statutes Congress has adopted through the centuries resolving Indian land disputes and dealing high-handedly with Indian lands. It is notable that Bank Markazi emphasized Congress’ supreme authority over foreign affairs in its rejection of the Klein claim in that case. Congress’ plenary authority to regulate and protect Indian tribes leaves room for a similar resolution of this case without explicitly rejecting the Klein rule. Bank Markazi of course said nothing about Congress’s power over Indian affairs, so that result wouldn’t really follow from Bank Markazi. It would, though, afford the justices a way to decide the case narrowly, which seems to have been their goal in these cases. The key thing to watch for in the argument will be any sense that any of the members of the Bank Markazi majority show a willingness to treat this case differently than they did that one.

You can read that amicus brief here, along with the rest of the briefs

This entry was posted in Author: Matthew L.M. Fletcher, fee to trust, Legislation, Michigan Indian, Research, Supreme Court and tagged , , , , . Bookmark the permalink.

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