MINNESOTA v. MILLE LACS BAND OF CHIPPEWA INDIANS

No. 97-1337.

526 U.S. 172 (1999)

MINNESOTA et al. v. MILLE LACS BAND OF CHIPPEWA INDIANS et al.

United States Supreme Court.

Decided March 24, 1999.


Attorney(s) appearing for the Case

John L. Kirwin, Assistant Attorney General of Minnesota, argued the cause for petitioners. With him on the brief were Hubert H. Humphrey III, Attorney General, and Peter L. Tester and Michelle E. Beeman, Assistant Attorneys General. Randy V. Thompson argued the cause for Thompson et al., respondents under this Court's Rule 12.6 in support of petitioners. With him on the briefs were Gary E. Persian and Stephen G. Froehle. James Martin Johnson, Michael Jesse, and Jennifer Fahey filed briefs in support of petitioners for Aitkin County et al., respondents under this Court's Rule 12.6.

Marc D. Slonim argued the cause for respondents Mille Lacs Band of Chippewa Indians et al. With him on the brief were John B. Arum, Charles J. Cooper, and Alan K. Palmer. Barbara McDowell argued the cause for the United States. With her on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Elizabeth Ann Peterson. James M. Jannetta and Carol Brown Biermeier filed a brief for respondents Bad River Band of Lake Superior Chippewa Indians et al. William R. Perry, Anne D. Noto, Henry M. Buffalo, Jr., Dennis J. Peterson, and Milton Rosenberg filed a brief for respondents Fond du Lac Band of Lake Superior Chippewa Indians et al. Howard J. Bichler and M. Joan Warren filed a brief for respondents St. Croix Chippewa Indians of Wisconsin et al.*

O'Connor, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia, Kennedy, and Thomas, JJ., joined, p. 208. Thomas, J., filed a dissenting opinion, p. 220.


Justice O'Connor, delivered the opinion of the Court.

In 1837, the United States entered into a Treaty with several Bands of Chippewa Indians. Under the terms of this Treaty, the Indians ceded land in present-day Wisconsin and Minnesota to the United States, and the United States guaranteed to the Indians certain hunting, fishing, and gathering rights on the ceded land. We must decide whether the Chippewa Indians retain these...

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