Albuquerque Indian Rights v. Manuel Lujan, Jr., in His Trust Capacity as Secretary of the Interior

I write separately because my analysis of the standing issue is different from that put forward by the court. I agree, however, that the AIRA was not properly before the district court, and for that reason I decline to join the court’s obiter dicta regarding the merits.

I. Standing

My analysis of the standing issue differs from the court’s in three respects. First, I believe that in the circumstances of this case an AIRA member need not demonstrate that but for the agency’s unlawful conduct, she would be qualified for the position she seeks; the DOI has failed to promulgate separate Indian…