Schaghticokes' case in limbo
Published 7:41 pm, Wednesday, June 30, 2010
A petition by the Schaghticoke Tribal Nation to U.S. Solicitor General Elena Kagan to review its case for tribal recognition has been waived by the judge's office.
The Schaghticokes, a tribe with a 400-acre reservation in Kent, have fought for sovereign recognition for the last 15 years.
They have exhausted other judicial avenues to overturn a 2005 decision by the federal Bureau of Indian Affairs that denied national sovereignty.
Judge Kagan's office waived its right to respond to the tribe's petition on June 21.
The tribe had taken its case to the U.S. Supreme Court when its attorney, Richard Emanuel, filed a May 24 petition, asking the high court to overthrow an appeals court's refusal to consider the appearance of bias on the part of the federal government in the 2005 decision.
The state, the town of Kent, Kent School Corporation and Connecticut Light & Power filed a brief in opposition last Friday.
The Supreme Court will begin its summer recess next week so it is unlikely the case would be decided until next fall, according to a source familiar with court procedure.
-- Susan Tuz