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· 9/13/2023

McFall, Brianna Nicole

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a statute “cannot, and should not, be read as if it were the first time Congress had addressed itself to” disestab- lishment when prior statutes also indicate congressional in- tent
  • holding that congressional acts diminished boundaries of Rosebud Reservation by removing from reservation land situated in four counties of South Dakota
  • holding that the 1889 Rosebud Reservation boundaries were diminished by subsequent congressional enactments and encompassed only Todd County
  • concluding that a Congressional act guaranteeing tribe only the proceeds from sale of opened lands, rather than any unconditional payment, still had effect of altering reservation boundaries based on tenor of prior agreements with tribe
  • concluding that a Congressional act guaranteeing tribe only the proceeds from sale of opened lands, rather than any unconditional payment, still had effect of altering reservation boundaries based on tenor of prior agreements with tribe
  • confirming that Congress can abrogate a statutory or even a treaty provision unilaterally without the consent of the tribe

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