MACKINAC TRIBE v. JEWELL

No. 15-5118.

829 F.3d 754 (2016)

MACKINAC TRIBE, Appellant v. Sally JEWELL, U.S. Secretary of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2016.


Attorney(s) appearing for the Case

Michael J. Walleri , pro hac vice, Fairbanks, AK, argued the cause for appellant. With him on the briefs was Ryan C. Posey .

Nicholas A. DiMascio , Trial Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were John C. Cruden , Assistant Attorney General, Mary Gabrielle Sprague , Attorney, and Matthew Marinelli , Attorney.

Concurring opinion filed by Circuit Judge BROWN.


Plaintiff-Appellant Mackinac Tribe brought an action in federal district court to compel the Secretary of the Interior to convene an election allowing the Tribe to organize under the Indian Reorganization Act (IRA), 25 U.S.C. § 476(a). Although the Mackinac Tribe does not appear on the Secretary's list of federally acknowledged tribes...

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