A Test Of Tribes' Legal Immunity: High Court Reviews Sovereignty Issue

[NVMojo]

Jumping into one of the hottest disputes between Indians and the outside world, the state Supreme Court has agreed to review sovereign immunity, the long-standing doctrine that protects tribes from lawsuits.

In essence, the court has been asked to review a question that many in the non-Indian world struggle with: Why can't you sue an Indian tribe if the tribe sues you?

Wealthy, casino-owning tribes are "pushing the boundaries. Indian tribes have become so hugely commercial, they are acting like a business. For that reason the courts are increasingly wondering what they are," said John Williams, lawyer for Bradley W. Beecher, who has sought to sue the Mohegan Tribe. "This is a pure clash between the traditional basis for tribal immunity and the commercial reality."

more...

http://www.courant.com/news/local/hc-indianimmunity.artnov13,0,4170586.story?coll=hc-headlines-local

[NYC Liberal]

1. Obligatory:

"Tribal sovereignty means just that; it's sovereign. You're a -- you've been given sovereignty, and you're viewed as a sovereign entity."

[NVMojo]

2. But if Canada is a sovereign nation and owns a business and can sue USA

why can't USA sue back?

Edited to add: I think that is what the argument is. Most Indian casinos are majority owned by filthy rich white corporations.

[tk2kewl]

3. in who's court?

what obligation does one country have to another that isn't codified in treaties?

[NVMojo]

4. What about the hiding out white owned corporations who make the

most money from these tribal casinos, more than the tribes, and hide behind their sovereign immunity? Sounds like the mob to me.

[Redstone]

8. You betcha. I'm an Indian, and am revolted by these greedy

tribes. There are several others here in Connecticut who want Federal recognition, NOT to protect their ancestral lands or heritage or anything else like that, but ONLY so they can open a casino...and one not even on tribal lands!

It comes close to making me ashamed to say I'm an Indian.

Redstone

[HockeyMom]

10. They just ruled the Shinnecock a tribe

and soverign nation so I guess that clears the way for them opening a casino on Long Island. Mega millions of dollars worth of real estate. Talk about raking in the bucks.

[LiberalFighter]

12. That is my pet peeve about these Indiana casinos

I would have less of a problem if they were completely on tribal lands. When they buy land elsewhere they should lose all protection they have as a sovereign nation.

In the same light I would be more favorable for tribes to set up casinos on their own land without permission of the states or federal government.

[jwirr]

15. There are two kinds of tribal casinos we are talking about

here. Those that are owned by small almost non-existent tribes and those owned and run by larger tribal groups. Here in Minnesota the Casino is the source of money for individual families as well as economic projects to enhance the job options for the people. I know that in the west and possibly in CT that whites have used Native Americans to set up the casinos. That is not how it started here. At first Bingo was held in the school gym until they made enough money to invest in the larger casino. They also administered their own businesses instead of relying on white. That is not to say that persons of all colors are not hired. Just that the boss is from the tribe. The money helps people here a lot but that is not the best part - in the 70s when I lived out here only a hand full of people had jobs. Today father's and mother's go to work and their children see this model of a family that has a purpose. They also see that there is a reason to finish school. The number of graduates has gone from 2 in the 70s to almost all children. The fact that they are business like is not bad.

I would like to know what they want to sue that tribe for or are they just trying to break the sovereignty? That is an on going right wing issue.

[jwirr]

14. Not in Minnesota!

[Spinzonner]

5. So then, if they are completely sovereign

we can close their borders and require them to survive on their own, conduct their own foreign policy, etc.

[Gildor Inglorion]

6. A modest proposal...

that would totally solve the problem. Make each tribe a STATE of the USA, not a sovereign nation. Give each of them two US Senators and at least one Congressperson. Then they'd be subject to exactly the same laws as the rest of us, with all the benefits and disadvantages thereof. Just imagine, hundreds of tribes with two senators each...what fun!! Politics would never be the same.
:bounce:

[GoddessOfGuinness]

7. I like the way you think...

:thumbsup:

[Nostradammit]

16. Love That Idea !!!

That should be.

[pitohui]

9. something's wrong w. that story

if you are cheated in a game on an indian reservation, you can sue the casino even tho it's owned & operated by the tribal nation, i know someone who did, it was a case of the casino marked the cards & cheated him in california, he didn't ultimately win the case but he was certainly able to file a lawsuit & get quite a lot of publicity in gambling circles back in the middle/late 90s

there are lots of circumstances where you're not allowed to sue someone acting in the name of the usa gov't or state gov't also,
an example would be, if a person could sue every time they were arrested by police yet ultimately not brought to trial or found innocent, then police couldn't arrest anyone, so only the most egregious cases of false arrest are permitted to be tried

[Daphne08]

11. Sorry, but the blood of my great-grandmother is pleased

-- pleased that Native Americans have learned to make money. They deserve all they can get, but they must use it wisely.

I only wish every tribe could prosper as well (in the way of their choosing).

[jwirr]

13. "They are acting like a business" - that is a very good

example of white man's ignorance. Way back when,our government took their traditional form of government and turned it into a "corporate" style of government. The tribes were to elect leaders who would handle their business dealings both within the tribe and with the government. We set this up.

They now use an RBC - Reservation Business Committee - to carry out their business. It works very similar to corporations in that the people who own the assets of the tribe - stock holders - elect the RBC and receive the profits if there are profits. Each tribe is divided into bands - clans if you will - and each band has a rep on the RBC to speak for his people. They handle such things as housing through HUD, tribal legal services, and law enforcement. They administer the tribal assets such as coal/shale oil in Montana, uranium in the 4 corners area, grazing lands in the west, casinos and other modern businesses, Indian health services, Indian schools and many other aspects of life. The people own the assets and the RBC administers them.

If you ask me - it is high time that they act like a business because those in the government that have taken care of these things in the past have not done a good job for the tribes.

As to suing the tribe - I don't know - we have used the law to steal many things from these people and I do not trust the courts. If this law goes through - is it eminent domain that they want to use against the tribes?

Rant over!

[laylah]

17. My favorite sentence:

"The Mohegans have thrown down the gauntlet in terms of their sovereign immunity - `We can do something to you that may be detrimental to you, but you cannot come back at us,'" Lynch said.

It's not like the Great White Fathers of yesteryear didn't do things to those once great nations (annihilation, providing rotten food, smallpox infected blankets, stealing of their children in order to assimilate, breaking of ALL treaties, stealing of lands, etc.)and then allowed them THEIR recourse. Idiotic remark, IMVHO.

Jenn

[Democat]

18. Some indian tribes use their "sovereignty" to avoid environmental laws

Everyone should have to obey environmental laws, indian or not.

[xchrom]

19. the tribes SHOULD be sovereign entities

and what they can ''sued'' for or not spelled out.

it will only enhance the independence of first nations people.

i say that -- realizing that when it comes to first nations people the courts have traditionally acted in a corrupt fashion -- acting out the interests of a third{hidden}special interest,

i base that statement with the naive belief that all parties behave equitably.

[alcibiades_mystery]

20. I recall Bush having some eloquent and nuanced views of tribal sovereignty

To wit:

Tribal sovereignty means that. It's sovereign. You're a ... you're a ... you've been given sovereignty and you're viewed as a sovereign entity.

-George W. Bush, UNITY Conference, Washington DC, August 6, 2004

:rofl: :rofl: :rofl: