OK to ABUSE Tribal Members
said 9th Circuit
said 9th Circuit
The U.S. Supreme Court on Monday continues to avoid cases involving Native American issues — including one challenging a decision backing the United Auburn Indian Community’s right to banish a member from tribal land
The justices denied a petition for writ of certiorari from UAIC member Jessica Tavares that asked the high court to reverse a split Ninth Circuit panel’s March 2017 ruling that her banishment from some lands on the tribe’s California reservation for a limited time didn’t violate the Indian Civil Rights Act.
Fred J. Hiestand, an attorney for Tavares, expressed dissatisfaction with the Supreme Court's denial.
“The federal government does not hesitate to spend billions of dollars to protect the civil rights of people under despotic rule in foreign countries, but when it comes to American Indians within our own borders, we talk a good game about their rights under the Indian Civil Rights Act while continuing to withhold from them any remedy to enforce those rights," Hiestand said in a statement.
A Ninth Circuit majority in Tavares’ case in a March 2017 ruling upheld a district court’s dismissal of habeas corpus petitions brought by Tavares and three other tribe members, saying that the lower court was right to find it lacked jurisdiction to review the members’ temporary exclusion claims under the ICRA.
That appeal arose out of actions taken by the tribal council of the United Auburn Indian Community, which owns the Thunder Valley Casino Resort in California, after the habeas corpus petitioners disagreed with how the council was governing internal tribal affairs.
Doug Elmets, spokesman for the United Auburn Indian Community, as well as another abusing tribe, the Pala Band of Mission Indians, said in a statement that “the tribe has prevailed in three federal courts and in two tribal forums before that. The case is finally over and the tribal council decision under tribal law is vindicated.”
The federal government declined comment on the case.