The Carcieri Challenge: Proving 'Federal Jurisdiction'

Law360, New York (August 3, 2012, 1:19 PM EDT) -- The June 18 U.S. Supreme Court ruling in Match-E-Be-Nash-She-Wish Band (“Gun Lake Band”) v. Patchak will allow the challenge to the Gun Lake Indian casino to be litigated. In the process, the court has put the spotlight back on the court’s Feb. 24, 2009, decision in Carcieri v. Salazar. That decision concluded that the secretary of the interior cannot accept land into trust for any tribe not “under federal jurisdiction” as of the enactment of the Indian Reorganization Act of June 18, 1934 (“IRA”), the only...
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