MIAMI NATION OF INDIANS v. U.S. DEPT. OF INTERIOR

No. 00-3465.

255 F.3d 342 (2001)

MIAMI NATION OF INDIANS OF INDIANA, INC., et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 2001.

Rehearing and Rehearing Denied September 6, 2001.


Attorney(s) appearing for the Case

Albert C. Harker, Kiley, Kiley, Harker, Michael & Certain, Marion, MI, Arlinda F. Locklear (argued), Jefferson, MD, Lorna K. Babby, Native American Rights Fund, Washington, DC, for Plaintiffs-Appellants.

Jon E. DeGuilio, Office of the U.S. Atty., Dyer, IN, Jeffrey C. Dobbins (argued), Dept. of Justice, Environment & Natural Resources Div., Barbara Coen, Dept. of the Interior, Div. of Indian Affairs, Washington, DC, for United States Department of the Interior.

Jon E. DeGuilio, Office of the U.S. Atty., Dyer, IN, R. Anthony Rogers, Dept. of Justice, Environment & Natural Resources Div., Barbara Coen, Dept. of the Interior, Div. of Indian Affairs, Washington, DC, for United States, Bruce Babbitt and Gale A. Norton.

Before BAUER, POSNER, and COFFEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 6, 2001.

POSNER, Circuit Judge.

Article I of the Constitution authorizes Congress to regulate commerce with Indians. As an original matter, the power to recognize an Indian tribe might be thought quintessentially and exclusively Presidential, Western Shoshone Business Council v. Babbitt, 1 F.3d 1052, 1057 (10th Cir.1993), like the power to recognize (or not recognize...

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