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SHAKOPEE MDEWAKANTON SIOUX COMMUNITY v. BABBITT

Civ. No. 3-95-618.

906 F.Supp. 513 (1995)

SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY, a federally recognized Indian Tribe, Plaintiff, v. Bruce BABBITT, as Secretary of the Interior; and Ada E. Deer, as Assistant Secretary — Indian Affairs, United States Department of the Interior, Defendants, Louise B. Smith, et al., Amici Curiae.

United States District Court, D. Minnesota, Third Division.

October 20, 1995.

Attorney(s) appearing for the Case

Kurt V. Bluedog and Vanya S. Hogen-Kind, Bluedog, Olson & Small, Bloomington, Minnesota; Brian B. O'Neill, Richard A. Duncan and Elizabeth H. Schmiesing, Faegre & Benson, Minneapolis, Minnesota, for Plaintiff.

Robert M. Small, Assistant United States Attorney, Minneapolis, Minnesota; Priscilla Wilfahrt, Field Solicitor, United States Department of the Interior, Minneapolis, Minnesota; and Barbara N. Coen, United States Department of the Interior, Division of Indian Affairs, Washington, D.C., for Defendants.

James H. Cohen, Susan L. Gorman and Arnie H. Frishman, Cohen Law Offices, Santa Fe, New Mexico and Minneapolis, Minnesota, for Amici Curiae.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Plaintiff Shakopee Mdewakanton Sioux (Dakota) Community ("Community") commenced this action seeking judicial review of certain administrative actions taken by the Secretary of the Interior1 regarding a federal election initiated by the Community and called by the Department of the Interior to amend the Community's tribal constitution pursuant to 25 U.S...

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