Legal Opinion · Dissent

Penobscot Nation v. Mills

Court of Appeals for the First Circuit

Decided June 30, 2017No. 16-1424PPublished

1DissentTorruella, Circuit Judge

“Everything in US history is about the land — [including] who ... fished its waters. ...”14 This statement is particularly relevant in the dealings by the U.S. majority with the indigenous Indian population, and lies at the heart of the present appeal. Although the United States has ratified over 370 treaties with Indian nations15 — it unfortunately “has a long and appalling history of breaking treaties with Indian nations whenever it was convenient ... to do so.”16 In the present case, the United States is on the right side of history and the law, but regrettably the same cannot be said of…

2Cases cited34 opinions

  1. Varity Corp. v. HoweSupreme Court of the United States · 1996
  2. United States v. WilliamsSupreme Court of the United States · 2008
  3. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  4. Corley v. United StatesSupreme Court of the United States · 2009
  5. Watt v. AlaskaSupreme Court of the United States · 1981

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