SOLEM v. BARTLETT

No. 82-1253.

465 U.S. 463 (1984)

SOLEM, WARDEN, SOUTH DAKOTA STATE PENITENTIARY, ET AL. v. BARTLETT

Supreme Court of United States.

Decided February 22, 1984


Attorney(s) appearing for the Case

Mark V. Meierhenry, Attorney General of South Dakota, pro se, argued the cause for petitioners. With him on the briefs was Mark Smith, Assistant Attorney General.

Tom D. Tobin argued the cause for the County of Dewey, South Dakota, et al. as amici curiae urging reversal. With him on the brief were William W. Shakely and David Albert Mustone.

Arlinda F. Locklear argued the cause for respondent. With her on the brief were Terry L. Pechota and Richard B. Collins.*

Briefs of amici curiae urging affirmance were filed for the United States by Solicitor General Lee, Acting Assistant Attorney General Habicht, Deputy Solicitor General Claiborne, and David C. Shilton; and for the Cheyenne River Sioux Tribe, South Dakota, et al., by W. Richard West, Jr., Arthur Lazarus, Jr., Reid Peyton Chambers, and William R. Perry.


JUSTICE MARSHALL delivered the opinion of the Court.

On May 29, 1908, Congress authorized the Secretary of the Interior to open 1.6 million acres of the Cheyenne River Sioux Reservation for homesteading. Act of May 29, 1908, ch. 218, 35 Stat. 460 et seq. (Act or Cheyenne River Act). The question presented in this case is whether that Act of Congress diminished the boundaries of the Cheyenne River Sioux Reservation or simply permitted non-Indians to settle within...

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