Legal Opinion

Carcieri v. Kempthorne

Court of Appeals for the First Circuit

Decided February 9, 2005No. 03-2647PublishedCited by 17 opinions

1Opinion of the Court

EN BANC OPINION

LYNCH, Circuit Judge.

The en banc court has convened to consider a series of issues concerning the relative powers of the federal Secretary of the Interior, the State of Rhode Island, and the Narragansett Tribe over a parcel of land taken into trust and designated for Indian housing. The case is in many ways a proxy for the State’s larger concerns about its sovereignty vis-a-vis federal and tribal control over lands within the state.

In 1998, the Secretary of the Interior agreed to take into unreserved trust for the Tribe’s benefit a 31- or 32-acre parcel in Charlestown, Rhode…

2Cases cited67 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Mistretta v. United StatesSupreme Court of the United States · 1989
  5. Yakus v. United StatesSupreme Court of the United States · 1944

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3Cited by17 opinions

  1. River Street Donuts, LLC v. NapolitanoCourt of Appeals for the First Circuit · 2009
  2. Gila River Indian Community v. United StatesCourt of Appeals for the Ninth Circuit · 2013
  3. Rhode Island Hospital v. LeavittCourt of Appeals for the First Circuit · 2008
  4. Gila River Indian Community v. United StatesCourt of Appeals for the Ninth Circuit · 2012
  5. PATCHAK v. SalazarDistrict Court, District of Columbia · 2009

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