In Madison County, NY, et al. v. Oneida Indian Nation, et al., the Supreme Court Asks for Views of Solicitor General in Oneida Reservation Case and is invited to file a brief in this case expressing the views of the United States. Justice Sotomayor took no part in the consideration or decision of this petition. Today’s order list here.
U.S. Supreme Court justices is considering whether to accept a request from Oneida and Madison counties to decide if the Oneida Indian reservation still exists or was disbanded. The counties hope a ruling from the nation’s top court that the reservation has been either “disestablished” or “diminished” by the Buffalo Creek Treaty of 1838 will help prevent the Interior Department from completing the disputed trust land process and allow the state to collect taxes on Oneida land. The request is opposed by the Oneida Indian Nation. The justices will make their decision on whether to hear the case based on their review of previously submitted briefs from the counties and the tribe summarizing facts of the case as well as the legal reasoning behind their arguments.
This is a probably a disappointment for the petitioners — it would be a major surprise if the SG recommends a grant.