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Supreme Court ruling might give local governments jurisdiction over tribe-owned casinos

Publication: The Southampton Press
By Michael Wright   Mar 4, 2009 12:05 PM
A recent ruling by the U.S. Supreme Court appears to give states and local municipalities authority over some lands purchased by Native American tribes and targeted for commercial developments, such as casinos.

Representatives of the Shinnecock Indian Nation, which has proposed building a casino somewhere in Suffolk County, maintain that last week’s court decision does not appear to limit the tribe’s possibilities.

“The ruling does not apply to the Shinnecocks,” tribal attorney George Stankevich said. “The ruling refers to the [Indian Reorganization Act of 1934]. The Shinnecocks were a federally recognized tribe in 1934.”

Mr. Stankevich said that federal lists compiled annually in the late 19th and early 20th centuries by federal Indian agents—liaisons between the Department of the Interior and the Native American tribes in each state—show the Shinnecocks as among New... more

A state or county have jurisdiction on Indian lands? That circumstane is pre-empted by the Federal Indian Non-Intercourse Act, only Congress can have input on jurisdictional matters.
By Rezzdog (3), Malone on Mar 4, 09 6:53 AM
Oh yes, the Supreme Court does not legislate laws or change laws. they interpret them.
By Rezzdog (3), Malone on Mar 4, 09 6:54 AM
The 1790 "Indian non-Intercourse Act (as amended) only applies to conveyances of Indian Lands (not jurisdiction over them) and Indian treaties. Congress prohibited the making of any more "IndianTreaties" by Acts of Congress in 1871 and 1884.
The recent Carcieri decision provides that No tribe acknowledged by the federl government since 1935 is eligible to bring land into federal Indian trust status under the Indian Reorganization Act, 25 USC 465, 479 unless they were "under federal jurisdiction" ...more
By Equalitylaw (1), Goleta on Mar 4, 09 3:08 PM
Equalitylaw, not really. The Continental COngress had other ideas about Indian nations autonomy. See below.

The U.S. Continental Congress was grateful to the Oneida for their aid and contributions towards American victory. The U.S. Continental Congress expressed their gratitude, “We have experienced your love, strong as the oak, and your fidelity, unchangeable as truth. You have kept fast hold of the ancient covenant chain and preserved it free from rust and decay, and bright as silver. ...more
By Rezzdog (3), Malone on Mar 4, 09 8:43 PM
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