Legal Opinion · Dissent
Fond Du Lac Band of Lake Superior Chippewa v. Frans
Court of Appeals for the Eighth Circuit
Decided August 12, 2011No. 10-1236Published
1DissentMurphy, Circuit Judge
I respectfully dissent, for the majority has failed to give full consideration to all relevant Supreme Court precedent and other authority which supports the Band’s position in this case.
Charles Diver, the subject of the Band’s case, wras born on the Fond du Lac Reservation in a hospital administered by the Bureau of Indian Affairs. Diver moved to Ohio in 1960 under the federal Indian relo*854cation program. That program was part of an era of federal Indian policy which terminated recognition of certain tribes and “progressively decreased” Indian programs other than relocating individual Indians…
2Cases cited13 opinions
- McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
- Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
- Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
- Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
- Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.Supreme Court of the United States · 1998
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