Supreme Court agrees to hear Oneida Nation foreclosure case
Tuesday, October 12, 2010
The U.S. Supreme Court added its second Indian case to the docket today and agreed to hear Madison County v. Oneida Indian Nation.
In 2003, the Supreme Court ruled that the tribe must go through the land-into-process before asserting sovereignty on land it acquired in two counties. Following the decision, the tribe filed an application for 17,000 acres in Madison County and Oneida County.
While the Bureau of Indian Affairs was reviewing the application, the counties foreclosed on the tribe for failing to pay property taxes. But in a decision issued in April, the 2nd Circuit Court of Appeals said the tribe was protected by sovereign immunity.
Justice Sonia Sotomayor did not take part in the consideration of the petition, according to today's order sheet. She used to sit on the 2nd Circuit although she did not rule on any cases involving the Oneida Nation.
The order does not state whether Sotomayor will recuse herself from the case itself.
2nd Circuit Decision:
STORY TAKEN FROM www.indianz.com