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 Wednesday, September 14, 2005 |
Federal appeals court upholds right of Indian tribes to determine membership
Holly Manges Jones at 10:44 AM ET
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] upheld the sovereignty of Indian tribes Tuesday by ruling that federal courts do not have jurisdiction over decisions regarding who is entitled to membership in a tribe. The federal appeals court allowed Indian tribes to retain their ability to establish their own membership requirements after four siblings sued the federal government in order to be added as members of their father's tribe, the Table Mountain Rancheria [casino website], which operates a successful casino near Fresno, California. Chief Judge Mary Schroeder wrote in the opinion [PDF text], "These doctrines of tribal sovereign immunity were developed decades ago, before the gaming boom created a new and economically valuable premium on tribal membership." Reuters has more.
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