Courtney Opposes CR for Overturning Supreme Court's Carcieri Ruling Without Debate

Press Release

Congressman Joe Courtney today voted against the Continuing Resolution (CR) because it included language overturning the Supreme Court's Carcieri decision. The language was included in the bill, which does not allow for debate or amendments, even though it is not a spending measure.

"It is disappointing that language overturning a Supreme Court decision is being included in a bill without even cursory debate," said Congressman Courtney. "There were no hearings to include it in the CR, no amendments and no consideration for opposing views. This language will give the Bureau of Indian Affairs sweeping annexation power, and the ability to override local interests without notice. Although the Bureau of Indian Affairs' land-into-trust process is very much in need of reform, this is not the way to do it."

The Carcieri decision was handed down on February 24, 2009. It limited the Secretary of the Interior's ability to take land into trust on behalf of Indian Tribes. It has a wide-ranging impact on both Tribes and non-Indian business partners alike.
The case's wide impact is evidenced by its spectrum of amicus briefs. Briefs came from: the states of Alabama, Alaska, Arkansas, Connecticut, Florida, Illinois, Iowa, Kansas, Louisiana, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas and Utah. Others came from the Council of State Governments, the National League of Cities, the U.S. Conference of Mayors, the National Association of Counties, and the International City/County Management Association, all in support of the Petitioner.

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