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2/22 Conference Update: Carcieri v. Kempthorne – Cert Granted February 25, 2008

Posted by rezjudicata in SCOTUS.

The Supreme Court has granted certiorari to Carcieri v. Kempthorne. The Court’s review will be limited to Questions 1 and 2 of the petition. These are:

1. Whether the 1934 Act empowers the Secretary to take land into trust for Indian tribes that were not recognized and under federal jurisdiction in 1934; and

2. Whether an act of Congress that extinguishes aboriginal title and all claims based on Indian rights and interests in land precludes the Secretary from creating Indian country there.

Though SCOTUSblog correctly predicted this grant, it erroneously identified the issue as clarification of “the federal government’s power to take land for the benefit of Indian tribes that are not officially recognized.”



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