Tuesday, February 24, 2009

The Dreams That You Dare To Dream...


...Really do come true.





Middleboro casino meets the end of the road.

NO
CASINO!!!!!





CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

"In reviewing the determination of the Court of Appeals, we are asked to interpret the statutory phrase “now under Federal jurisdiction” in §479. Petitioners contend that the term “now” refers to the time of the statute’s enactment, and permits the Secretary to take land into trust for members of recognized tribes that were “under Federal jurisdiction” in 1934. The respondents argue that the word “now” is an ambiguous term that can reasonably be construed to authorize the Secretary to take land into trust for members of tribes that are “under Federal jurisdiction” at the time that the land is accepted into trust.

We agree with petitioners and hold that, for purposes of §479, the phrase “now under Federal jurisdiction” refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment. As a result, §479 limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934. Because the record in this case establishes that the Narragansett Tribe was not under federal juris-diction when the IRA was enacted, the Secretary does not have the authority to take the parcel at issue into trust. We reverse the judgment of the Court of Appeals."


Reaction!

Mashpee Wampanaog Tribal Chairman Cedric Cromwell:
“It’s absurd on its face that the policy of the United States government would be to recognize the sovereignty of native tribes but not allow those sovereign nations to take land into trust,” Cedric Cromwell, the newly elected chairman of the Mashpee tribe, said in a statement. “We look to Congress to correct what the court could not.”

Cromwell is planning to send a letter today asking US Senators Edward M. Kennedy and John F. Kerry, as well as US Representative William Delahunt, to file legislation to change the law.

Supreme Court Justice Breyer:
who joined the majority opinion, indicated that it is possible that tribes not recognized by the federal government before the 1934 law might still have been under federal jurisdiction "even though the federal government did not believe so at the time." As an example, Breyer said, the government has acknowledged that some tribes were mistakenly left off a list the Interior Department compiled following the law's enactment.

But Breyer said he did not foresee that possibility for the Narragansetts.

Supreme Court Justice Clarence Thomas:
The U.S. government argued that the law allows it to take land into trust for tribes regardless of when they were recognized, but Justice Clarence Thomas said in his majority opinion that the law "unambiguously refers to those tribes that were under the federal jurisdiction" when it was enacted.

From Indianz.com
The National Congress of American Indians discussed the case earlier this year as tribal leaders gathered in Washington, D.C., for the inauguration of President Barack Obama. However, the "Carcieri fix" was left off the final list of priorities for the 111th Congress.

The list of tribes who are affected by the 1934 issue runs in the dozens and includes some of the more financially successful in Indian Country. Many of them, however, may be able to overcome the date limitation by proving they were under federal jurisdiction at the time.

Prof. Clyde Barrows of UMass Dartmouth:
The court ruling suggests the federal government can’t legally place the Middleboro land into a trust, said Clyde Barrow, a UMass-Dartmouth gambling researcher.

“That puts a real smack-down on the Middleboro proposal,” Barrow said.

The U.S. government argued that the law allows it to take land into trust for tribes regardless of when they were recognized.

Dennis Whittlesey, Middleboro's Indian-gaming lawyer and all-around vampire:
“The implications are literally coast to coast and border to border,” said Dennis Whittlesey, a Washington-based lawyer who helped negotiate the multimillion-dollar agreement between the Mashpee and the town of Middleborough. “If this decision is not overturned by the Congress, the Mashpee project cannot go forward, there cannot be a casino there."

Associated Press:
At issue was whether the land should be subject to state law, including a prohibition on casino gambling, or whether the parcel should be governed by tribal and federal law.

"The Narragansett Indian Tribe is not entitled to special treatment on land that it owns," Charlestown's attorney Joseph Larisa Jr. said in a written statement. He added that the ruling prevents the tribe from creating tax-free smoke shops or an Indian casino unless the citizens vote to approve gambling.

Gladys Kravitz:
Casino opponents in Middleboro are already heralding the Supreme Court ruling as a death knell to the Wampanoag plans in their town.

On her Gladys Kravitz blog, casino opponent Mary Tufts writes, "Dreams really do come true. Middleboro casino meets the end of the road."

25 comments:

Nocasino said...

Thanks Gladys!!!

What a great day!

Gladys Kravitz said...

We've waited so long, and worked so hard for this.

THANK YOU SUPREME COURT OF THE UNITED STATES!!

SMOOCH!!

Anonymous said...

YES!

Fiferstone said...

"She's gone where the goblins go, below, below, below..."

Sitting here with tears in my eyes. My husband called me at work to give me the news. Too cool.

Fife.

Gladys Kravitz said...

I am reminded, at this special time, of Tom Calter's declaration at last year's role call vote that we were DELUDED to think that a Wampanoag Casino wasn't inevitable.

And he wasn't alone.

I want to dance like they did at the end of Slumdog Millionaire right now!

Anonymous said...

Way to go!!!

Hugs and Kisses to SCOTUS!

Gladys Kravitz said...

Oh BTW,

Make sure to beep your horn to Adam as you drive by his office or the Honey Dew today!!!!!!!!!!!!

Nocasino said...

BEEP BEEP!

Your flower lady said...

Gee, I thought Honey Dew WAS Adam's office. LOL

I've been waiting sooo long for this fantastic news. Thank you Gladys for going the distance!

Dreams do indeed come true.

Anonymous said...

Wonderful!! the end of a bad era for Middlelboro!!! Hurray for the Governor of Rhode Island, God bless CERA for the will, skill and knowledge to get this done and done right!!

God bless Gladys for hanging in there for over two yrs. now!!! and kept us informed at every turn in the road.

God bless every anti that did the homework and knew it was not INVEITABLE!! and also strongly kept the FAITH!!

God bless the young lady I heard talk at two of the cfo general meetings on taking so much time to educate herself on the APPLICATION PROCESS! info coming right from the source! (the DOI and BIA), not the tribe who apparently did not know about the process.

Thank all of you for the sometimes funny and all of the time, "right on" comments.

For the Middleboro casino, your job is done and I thank you all!

Stacy

Anonymous said...

Dennis Whittlesey(the undead washington vampire lawyer)is quoted as saying in Cape Cod Today,"If this decision is not overturned by the Congress,the Mashpea project cannot go forward,there cannot be a casino there[Middleboro]..."
also 'I fear the scorching sun of sanity and logic begin to rise,I must find my chamber and shore up my supernatural strength for my return and that of my shadowy minions,blaaaa,blaaaa!curses!!' er..ah..or something like that...yeah.

Anonymous said...

Let the indictments begun!

Anonymous said...

Can you now help Middleboro get a brain?

Or at least hel pus clean house.
We want the wicked witch gavel queeen melted....we want scarecrow spataro pulled apart....and Mimi the tin man left out to rust.....

I always liked the lion...so rogers can stay.

Anonymous said...

anon -- Huh?

"I always liked the lion...so rogers can stay."

You didn't watch him last night being totally offensive to a town resident who merely pointed out the omission in the meeting minutes they approved.

Rogers was so arrogant and condescending about the 'caliber' of people, he lost my vote.

Pat has a nasty temper and it showed.

If we elect good people in each election, they will attract better candidates to run in the future.

You can't expect anyone with a brain to seek election with the current board of stooges.

Anonymous said...

Gladys,
From the bottom of my heart, I thank you for presenting your comments with a little laughter and humor and for always being there.
You and your fellow bloggers always presented different views and perspectives to enlighten.
I know it's not over because when the celebration ends, we need to stop predatory gambling in the state and hope to enlighten Beacon Hill, a monumental task.
For tonight: A Toast For A Job Well Done!

Anonymous said...

Celebrate!
Then sit back and watch.
There's more information yet to be revealed. Too many people know too many things and have too much to loose.

Anonymous said...

One day at a time. One victory at a time. But this one sure is sweet!

Thanks for hanging in there!

Jacquie said...

Gladys,

How was your lobster? Well deserved, my friend.

You and all of the other bloggers kept this movement alive. I'd be in the funny farm if I couldn't come home and get my daily fix of the blogs and enjoy the great commentaries. Even the quirkiest, quick one liners would make me chuckle and get me through those dreary days.

Here's to everyone who volunteered their time to be involved.

Let's all just enjoy the moment!

CHEERS!

Anonymous said...

This is a victory for all Americans. In Middleborough, where eagles soar, we cheer!!

Let no man make laws that benifit few, at the expense of many.

Carl said...

It is great news. The rule of law has spoken. I'm speachless. One less casino to worry about.

Nocasino said...

The Middleboro Casino


Investors Purchase tribal recognition with illegal political contributions and Glen Marshall personal expenses. ----$4,000,000.00

125 areas of land sold to Investors in suspicious land deal --------$1.8 million

Town Meeting from Hell ---- $100,000 +?

Washington Lawyer to negotiate inevitable casino deal ------$250,000 +?

Investor expenses for Casino Planning paid to town of Middleboro -----$750,000 ?

Stephen Graham Handling charge-----??????????

Orange T-shirts and white hats---- $15,000 ?

Cookouts, blankets, T-shirts, mugs etc ???



Supreme Court decides land cannot be taken into trust. – PRICELESS.

Gladys Kravitz said...

The Lobster was delicious. Not unlike like this long awaited moment in time.

Stay tuned as, in the aftermath, investors, lawyers, and tribe members will inform us how a "fix" to the Carcieri decision is (you guessed it) done deal!

It's inevitable...

Abandon all hope ye who are facing an Indian casino...

Yada yada yada...

Anonymous said...

Nocasino,

SCOTUS deserves hugs and kisses for this one, but

How about -

Cost of out of town sign wavers?
(They said it was $30 cash for 3 hours. Who paid them? They were there every night weren't they?)

Cost of out of town people who were collecting signatures at supermarkets and post office? You know, the ones Adam Bond made a point to shake hands with.

Cost of phony 'volunteers' brought to TMFH by shuttle limo from Lakeville IBEW wearing orange tshirts occupying center field and booing casino opponets?

Cost of thugs appearing at night on doorsteps of town residents to intimidate for vote "vote for casino or ......" ?

Cost of numerous phony phone calls and phony polls harrassing voters?

Cost of out of the towners pulling 'dirty tricks' like the phony who had to ask where town hall was in the town hall parking lot, and then called Hal Brown an Indian Lover to which Hal engaged in a heated argument? They swarmed over the town like maggots for anyone who paid attention to notice.

Cost of tour busses used to transport out of towners to some of the hearings to wave signs?

Cost of the glossy mailings sent to Middleborough homes?

Cost of Scotty Fearsome?
(BTW where is he?)

Who paid for this stuff?
Is this Glen's missing money or did the IBEW pay for it?

Too many questions. Too little time.

Smoking Owl said...

I recall posting on someone's blog months ago that the Town of Middleboro was bad medicine for the Tribe.

There has been nothing but bad news for the Tribe, their financial backers, and the key players in the casino debacle ever since signing the IGA.

The Tribe should just tear up the IGA now and walk away before more tragedy befalls them. Apparently, the Great Spirit is not pleased with the Mashpee.

Middleboro is bad juju. Just ask Glenn Marshall.

Anonymous said...

Smoking Owl,

That is so funny! I think you're onto something.

As we were building our house, I would turn around and see an Indian standing watching.

I never said anything to anyone until guests commented about seeing Indians also.

They've always been a protective presence, like making sure the tree that was leaning toward the house fell in the other direction in a storm and other weird stuff.

When I walked the Precinct St property, I got 'creepy' feelings like that 'bad juju.' But then I got those same 'creepy feelings' each time I heard Glenn Marshall or Shawn Hendricks speak or saw Stephen Graham.

Maybe that's who's haunting town hall. Maybe they'll rest with a new BOS.

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