Thursday, June 11, 2009

Reasoning of the Court

My analysis of the logic of the court is probably very different than others. Being Native American, I know exactly how and why this case is so important to the Navajos. Having a place that we can call our home is just as important to us as it is to anyone else in the world, so when we lease it out to others all we want is to be able to trust that the proper steps are going to be taken. When I read about this case I couldn't help but to think that there was some type of money involved when the Secretary decided to go with what Peabody urged him to do. It seems to me that the justices who voted against the tribe don't really know how much this land means to the tribe and how the trust they lay into the Secretary was pushed to the side. Maybe they thought that the tribe was just trying to get something out of the whole situation, whether it is money, pride, or satisfaction. Whatever it was I'm glad that the ruling was in the majority of the tribe, now maybe the Secretary will think twice before pushing an issue to the side.
"The United States, through the Secretary of the Interior and the Interior Department's Bureau of Indian Affairs (BIA), supervises and regulates the development and sale of mineral resources on Indian reservation lands, pursuant to the Indian Mineral Leasing Act of 1938, 25 U.S.C. �396 et seq., the Indian Mineral Development Act of 1982, 25 U.S.C. ��2101-2108, and implementing regulations." http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=Fed&navby=case&no=005086&exact=1

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