The
- Council of State Governments
- National League of Cities
- U.S. Conference of Mayors
- National Association of Counties, and the
- International City/County Management Association
signed on as Amici Curiae (Friends of the Court) onto the Carcieri v. Kempthorne (now Salazar) case (like Massachusetts did.)
And the Council of State Governments alone represents all 50 States as well as New Brunswick, Newfoundland, Labrador, Nova Scotia, Ontario, Québec, Puerto Rico and the U.S. Virgin Islands.
Now, that's a lot of friends standing beside Carcieri. (And us.)
Feeling better? (You should.)
INTEREST OF THE AMICI CURIAE
Amici are organizations whose members include
state, county, and municipal governments and officials
throughout the United States.1 Amici have a
compelling interest in the two issues presented in
this case.
Disputes over the ownership of and sovereignty
over land claimed by tribes have spawned much litigation
and called into question title to property in
many jurisdictions. Several state and local governments
accordingly have entered into agreements
with tribes, subsequently codified by Congress, in an
attempt to resolve these disputes. The decision below,
however, raises doubts about the finality of
these settlements. In addition, by allowing the Secretary
to restore tribal sovereignty over property
that had long been subject to state and local control,
the judgment below denies petitioners essential
regulatory authority, which could “seriously burden
the administration of state and local governments
and . . . adversely affect landowners neighboring the
tribal patches.” City of Sherrill v. Oneida Indian Nation,
544 U.S. 197 (2005). Amici accordingly submit
this brief to assist the Court in the resolution of this
case.
Posts
17 comments:
Thank you Gladys's for making this rock solid info known to the public.
Also, you don't think the lawyer's who wrote this brief, (who make a living fighting investers using tribes), as they wrote it didn't know what the backlash would be and aren't ready for it?? They are ready, willing, and able!
The investers hay day for using tribes are over, recompense injury with justice! and about time.
What might have initially sounded like a worthy proposal in 1934 has been abused to such a large extent that I fail to see Congress, with all that's on its plate now, doing anything to correct the SCOTUS decision to perpetuate the abuse.
The information is greatly appreciated as always!
Gladys,
I don't see many groups left out and they sound like they represent large numbers of people.
Thanks for the info.
Anon. 3:18,
Noticeably missing from the list of Amicus Curiae are the Brotherhood of Indian Gaming Attorneys and Reservation Shopping Enthusiasts - more commonly known BIG ARSE.
Gladys,
It's always reassuring to know that we can rely on your levity when needed, especially on a cold, damp, snowy day!
Hopefully, the BIG ARSE coalition has gotten the message. I believe they have! Elsewise locally, the newest Mashpee mouthpeice wouldn't be sputtering so at resurrecting the Mashpee land claim.
(Ooopsie! Don't they have a silly agreement with Mashpee?)
Fat chance! Is that before or after they file bankruptcy to discharge their obligations to Kerzner and Wolman?
Is that before or after they wake up and figure out that they owe Mboro + $250K per annum and real estate taxes on land they don't own (including a contractual premium) and a few other assorted things included in the IGA?
Didn't Auntie Gladys keep protesting that silly IGA?
Isn't Auntie Gladys one of those who made a little fuss about discussing this in public?
Silly Auntie Gladys!
You were right! We all should have talked about this, the Tribe included, instead of following blindly and accepting on faith.
Thanks again Silly Auntie Gladys! You were always there for us! Even the Tribe shuda listened.
This is the 2nd week the Mboro Board of Selectmen has convened since Carceri v Salazar and still no comment. Has anyone told them?
If it's over, shouldn't we reconsider our focus?
REMINDER
Send the Middleborough BOS their reading glasses today!
Maybe someone should hold a mirror under their respective noses to determine whether they are actually breathing.
Or, perhaps the actual Middleboro Selectmen have moved to Florida and in their place are scale models from Madame Toussauds Wax Museum.
This behavior, in light of current events, rather proves something to me - that had Abomb never been part of the board - the board would still be there today, internalizing their indignation, searching for valid revenue streams, vetoing real economic development, gaveling any casino discussion, wondering if they could find a local Indian Gaming Attorney and wouldn't it be nice if one would volunteer his or his services to the town, and what's the hurry anyway, this thing's not going anywhere, it's not like it's anything pressing like a dog complaint.
But, there he was. The cheerleader. The guy who found the lawyer from Michigan, the guy who rushed the TMFH - but only after the opposition forced a meeting at all - and the guy who wheeled the deal that was unveiled 5 days before the meeting, the guy who canoodled behind closed office doors with Deitch and Graham and Marshall and Whittlesey.
The guy who spoke up when the others were silent and deemed article 3 irrelevant.
The guy who lied about Section 22 B.
Yes, it's so blissfully quiet now. Like it should have been in 2007.
Honestly, I suspect that without Abomb, that strange catalyst, and Healey, the fuse that lit this whole debacle, it would have eventually died from negligence.
Much as it is now...
I read a comment from Pat Rogers, I think it was from the Sunday Globe, where he said his Board would not have any comment on the SCOTUS decision.
He said they have more pressing business in town and they have been using the money from the Tribe to identify infrastructure deficiencies in town. He said they view the Mashpee as just another developer that proposed a project in town and their legal problems are not their concern and the Town has other business to address. He said he didn't know how things would turn out for the Mashpee but wished them luck.
In a way I kind of agree. Why should the Middleboro BOS comment on a SCOTUS decision? One of them will say something controversial/stupid and just spark another round of criticism from townsfolk. I think using the money paid to the Town by the Tribe to indentify infrastructure problems is great. The only problem is, once you're aware of needed improvements, its hard to ignore them and now you need funding for those projects.
I think Pat Rogers is taking the right stance. The BOS know about the SCOTUS decision. What are they supposed to say about it? I think the fact Mr. Rogers said he wished the Tribe luck says quite a bit. To me it seemed like when you're saying good bye to a friend, and as you're parting ways, you turn and wave and say "Good Luck".
Thank you Gladys for another great blog.
Being involved from the very beginning as an anti-casino person, I have to agree with everything written in Smoking Owl's comment. The BOS should have learned from their past mistakes by now. For them, silence is golden and obtainable now that the big mouth is gone. Sorry, just had to bring him into this as I will never forget his conceited and arrogant attitude through the whole process.
On a different note,
Smoking Owl, who are you? and when, if ever, are you going to let us know??
Smoking Owl, I always agree with you except for this time.
The terms of the IGA should be spelled out by the BOS - that will will continue to receive $$ each year and we will continue to spend it, and there should be an opinion from Witsey to clarify for those for whom "All Hopes Springs Eternal" that this is DEAD.
If they have such "pressing town business" to attend to, why did they spend so much time discussing Minni Mi's memorial park that she hadn't researched? Yet another Middleboro Friends Fiasco that they're promoting while sitting behind the BOS desk. Yet another disregard for Ethics! Sorry, but I knew Vic and he wouldn't have protested Mimi's performance.
Sorry, I meant Vic would have protested Mimi's conduct.
Vic was always, always critical of this bos and that was before Mimi.
He may have declined toward the end, but Vic knew what was ethical, fair and moral.
As for the Board's outburst a few weeks ago, with comments about Cheap Seats, being sick and tired of this crap, and people of a certain calliber, indicated their true character or lack of character by disrecting a voter so rudely.
That they now pretend to do something that respects Vic's memory makes them hypocrites.
Vic would have been disgusted with their conduct.
The ghosts in Town Hall are restless after that stupidity.
Smoking Owl,
For the BOS not to be up front and discuss this issue, Carcieri v Salazar, is like being raped and believing it will go away because you don't talk about it.
At the time of the casino catastrophe the BOS members were --
Wayne Perkins
Adam Bond
Marsha Brunelle
Pat Rogers
Steve Spataro
(The Town Manager who negotiated the pathetic IGA was Jack Healey, master at giving away the town behind closed doors with Stephen Graham by his side. That's the Stephen Graham that Helen Belmont is best buds with and the one about to be indicted.)
Not a single one of them had the spine to speak up when voters were gavelled to silence by Marsha Brunelle.
Not a single one of them spoke out and insisted that there should be a public forum.
Not a single one of them protested when casino supporters were allowed to cheer, applaud and disrupt meetings, and that includes Hal Brown climbing over furniture in his delusions of journalism.
The media was present.
They confided the disgraceful level of elected officials in this town. They're poorly educated in pertinent matters and uniquely unprofessional. At one of those casino meetings, the media was treated to a dog complaint. You're not the only one who thinks the board is stupid after that.
You said "One of them will say something controversial/stupid and just spark another round of criticism from townsfolk."
So what? It also would reveal them to be who they are like the Cheap Shots bos meeting 2 weeks ago.
Do you think they could embarrass themselves any worse? They didn't even have the sense to publicly apologize.
Someone posted an anonymous comment that Mimi should be appointed "Official Groundskeeper." Since she isn't interested in educating herself to be a selectmen, can we start a petition campaign for the unpaid position "Official Groundskeeper"?
I remember thinking at the time, after I started this blog, "why are they so upset with criticism?"
I mean, here they were, signing multi-million dollar agreements and paving the way for a new sovereign nation - and they expected NO criticism?
And then they offered no forums that didn't have lawyers or Glenn Marshall or Clyde Barrows.
And they didn't seem to be well-acquainted with the facts.
Or care about the citizens they represented if their views differed.
And THEN they (or at least ONE) started criticizing US!
For what? Being Americans? For Asking questions? For OMG casting DOUBT on their infallibility.
And then I realized something.
I'd gotten the Gazette for years. There was no precident for this.
This was something different.
A Tribe nobody knew, which thought it was exempt from the law, with a chairman who didn't care about the law...
Found Healey, who got the ball rolling - with cohorts.
And Abomb was either a plant or a level 4 narcissist looking for an opportunity to 'shine'.
The rest of the Board appeared to be on qualuudes.
The media fanned the flames.
State politicians hijacked it for their own purposes.
Corruption, opportunism, apathy, flawed Federal policy and flying monkeys.
Ultimately, it was the perfect storm.
Too bad that title's already taken.
I repsect everybody's differing opinions. Believe me, I think our BOS is an inept group of ignorant idiots.
However, I think they veiw the SCOTUS decision as something that effects a "developer" that's hoping to do business in town. As long as the IGA is in place, I think they feel as though the SCOTUS decision does not directly effect the Town. Until the IGA is voided by both parties or the casino by some chance gets built, its business as usual for them.
I was only commenting on the notion that the BOS have to make some sort of public comment on the SCOTUS decision. I just don't see that it is necessary.
Now, commenting on how they plan to move forward with the Tribe after that decision is another story.
The Tribe is saying they may scale back their plans. It seems to me this would be a good time for the Tribe to want to back out of the IGA. Their Middleboro casino is pretty much dead. The IGA requires them to make payments to the Town until the casino is built. Since the SCOTUS decision, the benefits of the IGA have swung in Middleboro's favor. I love the town getting payments for infrastructure studies to support a project that will most likely never get off the ground.
Its time for the Mashpee to cash in their chips and scale back their plans all the way back to Mashpee.
Smoking Owl,
Thanks for clarifying your comments.
I would hope no person, town resident, or otherwise would attempt to spare the BOS any opportunity to continue to convince their audience of their incompetence as they successfully prove each Monday evening.
It makes the cost of cable worth it for the entertainment value alone, were it not for the fact that this is our town government.
We can laugh at them, but they can't fight their way out of a paperbag never mind run the town.
Pretty pathetic!
Where else could you find a Board of Boobs who have been in office, several for years, who are so ignorant of their job responsibilities? misquote the law? make things up like Marsha? insult voters, like Steve Spatero? or are as sadly embarrassing as Mimi? Brian Giovanoni is no better when he stood to comment on the town hall park idea and hadn't done his research.
Has anyone on that board bothered to attend any of the free seminars that are offered to explain the laws? Their performance doesn't indicate it.
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