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Senate Once Again Looking to Amend IGRA

July 1, 2007

Posted By: Brad S. Jolly, Founding Partner

In response to the D.C. Circuit's decision in CRIT v. NIGC, the Senate is working on a draft amendment to IGRA to, once again, expand the power and authority of the National Indian Gaming Commission ("NIGC"). In CRIT v. NIGC, the D.C. Circuit was the third judicial or quasi-judicial body to instruct the NIGC that it lacks authority to regulate class III gaming. But, of course, the NIGC cannot be satisfied in its unending quest for unfettered and unlimited authority over Indian gaming. more »

Indian Affairs Committee Approves Apology Resolution

May 14, 2007

Posted By: Brad S. Jolly, Founding Partner

On Thursday, May 10, 2007, the Senate Indian Affairs Committee approved Senate Joint Resolution 4, a resolution which apologizes to Indian peoples for the United States' "official depredations and ill-conceived policies" toward them. The resolution is sponsored by Senator Sam Brownback (R-KS), who is a current candidate in the Republican presidential primaries for the 2008 presidency.

Cobell Trial Date Set

April 30, 2007

Posted By: Brad S. Jolly, Founding Partner

On April 20, 2007, the new judge, James Robertson, assigned to the Cobell litigation set trial to begin on October 10, 2007 and "continue as long as necessary." The trial is designed to determine, among other things, whether the Individual Indian Money ("IIM") accounting that the Department of Interior has performed so far has fulfilled, or is fulfilling, the mandates of the Indian Trust Management Reform Act of 1994; whether Interior has "unreasonably delayed" accounting for IIM accounts; and whether "further relief, if any, should be ordered." Since the government has lost or destroyed so many records of the IIM accounts, the government may not be able to show an accounting for each IIM account. more »

Supreme Court Rejects Review of Cobell Issues

March 27, 2007

Posted By: Brad S. Jolly, Founding Partner

Without comment, the United States Supreme Court refused to hear the Cobell plaintiffs' appeal of the removal of Judge Royce Lamberth from the case at the request of the Bush administration. In July 2006, the D.C. Circuit removed Judge Lamberth, a Reagan appointee, from the Cobell litigation, claiming he had shown bias against the government in his decisions and remarks.

The Supreme Court also refused to hear the Cobell plaintiffs' appeal of the D.C. more »

Indian Affairs Committee to Hold Hearing on Trust Fund Litigation

March 26, 2007

Posted By: Brad S. Jolly, Founding Partner

On Thursday, March 29, the Senate Indian Affairs Committee is scheduled to hold a hearing on the Indian trust fund litigation, including the Cobell class action lawsuit. Chairman of the Committee, Senator Byron Dorgan (D-ND), said that invited Attorney General Alberto Gonzales and Interior Secretary Dirk Kempthorne to the hearing to "publicly discuss the origin of the settlement offer and. more »

Richardson Commits to "Prez on the Rez" and Other Candidates Considering

March 21, 2007

Posted By: Brad S. Jolly, Founding Partner

Democratic Presidential Candidate Bill Richardson, current governor of New Mexico, was the first to commit to participating in the first Indian country Democratic primary presidential debate, "Prez on the Rez," to be held on the Morongo Reservation in August. In addition, active discussions are underway with other Democratic primary candidates to attend, including former Senator John Edwards. more »

Morongo Confirms it Will Host Democratic Debate

March 21, 2007

Posted By: Brad S. Jolly, Founding Partner

The Morongo Band of Mission Indians has confirmed that it has been selected to host the first ever Indian country Democratic presidential candidate debate. The debate will be held at the Tribe's Morongo Casino Resort & Spa's Event Center in Cabazon on the Reservation on August 23, 2007. Tribal Chairman, Robert Martin, remarked, "No major presidential campaign event has ever come to Indian Country. more »

Senate Confirms Artman as ASIA

March 9, 2007

Posted By: Brad S. Jolly, Founding Partner

The Senate officially confirmed Carl Artman as the new Assistant Secretary Indian Affairs by a vote of 87-1. Only Senator David Vitter (R-LA), who is a strong critic of the BIA and off-reservation gaming, voted against Artman's confirmation, although 12 senators were not in attendance to vote.

Since Artman is a member of the Oneida Nation of Wisconsin, he has recused himself from all issues involving. more »

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