Catawba Indian Tribe of South Carolina, Also Known as the Catawba Nation of South Carolina v. State of South Carolina

As an intellectual exercise, I disagree with the majority’s analysis of South Carolina law as it relates to the Catawbas’ duty to assert their claim within ten years of the Tribe’s 1962 dissolution. In my view, either the removal of disability provision of S.C.Code § 15-3-3701 or the more general statute of limitations in S.C.Code §. 15-3-3402 would effectively bar the Ca-tawbas’ instant possessory action. My principle objection to the majority’s decision is more fundamental, however. In light of the Supreme Court’s discussion of the effect of the Catawba Indian Tribe Division of Assets Act,…