Legal Opinion

Muscogee (Creek) Nation, a Federally Recognized Indian Tribe v. Donald Hodel, Secretary, U.S. Department of Interior

Court of Appeals for the D.C. Circuit

Decided July 15, 1988No. 87-5377PublishedCited by 92 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In 1982, the Muscogee (Creek) Nation (hereinafter “Creeks” or “Tribe”) passed an ordinance authorizing the Creek Tribal Court to enforce civil and criminal jurisdiction over Tribal members and subsequently sought funding from the Bureau of Indian Affairs (BIA) for the Tribal Court and law enforcement program. The BIA, and thereafter the Department of the Interior (Interior), denied the request for funds, maintaining that the Tribe had no power to establish Tribal Courts with civil and criminal jurisdiction. The…

2Cases cited17 opinions

  1. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. Keeble v. United StatesSupreme Court of the United States · 1973
  4. United States v. Borden Co.Supreme Court of the United States · 1939
  5. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985

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3Cited by92 opinions

  1. McGirt v. OklahomaSupreme Court of the United States · 2020
  2. Cobell, Elouise v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2001
  3. Pamela A. Dorris v. Charles Absher and Della AbsherCourt of Appeals for the Sixth Circuit · 1999
  4. Murphy v. RoyalCourt of Appeals for the Tenth Circuit · 2017
  5. Ricky Wayne Bracewell v. Walter W. KelleyCourt of Appeals for the Eleventh Circuit · 2006

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