My Argument

In my opinion, I completely and with no doubt agree with the decision of the court. As I stated in my last blog in a prior case the court acknowledge its responsibility to uphold the trust the Native American tribes lie within it. This gives me no reason to question the outcome of the case; all the Secretary had to do was his job. I’m convinced there was an underlying reason for the decision of the Secretary like money. Regardless of whether the relationship of trust was enumerated or not there is no question that one lied between the Secretary and the tribe, for him to simply disregard this relationship and act in the interest of Peabody is questionable to me.

“This Court and several other federal courts have consistently recognized that the existence of a trust relationship between the United States and an Indian or Indian tribe includes as a fundamental incident the right of an injured beneficiary to sue the trustee for damages resulting from a breach of the trust.” http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=Fed&navby=case&no=005086&exact=1

This quote lays out reasoning for suing the government for the Secretary’s actions, it seems like time and time again the representatives of the American government try to slip past this.