Nebraska v. Parker facts for kids
Quick facts for kids Nebraska v. Parker |
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| Argued January 20, 2016 Decided March 22, 2016 |
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| Full case name | Nebraska, et al., Petitioners v. Mitch Parker, et al. |
| Docket nos. | 14-1406 |
| Citations | 577 U.S. ___ (more)
136 S.Ct. 1072; 194 L. Ed. 2d 152; 84 USLW 4154
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| Prior history | Smith v. Parker, 774 F.3d [1] (8th Cir. 2014) |
| Argument | Oral argument |
| Holding | |
| Congress's 1882 Act did not diminish the Omaha Indian Reservation. The disputed land is within the reservation's boundaries. | |
| Court membership | |
| Case opinions | |
| Majority | Thomas, joined by unanimous |
Nebraska v. Parker was an important case decided by the U.S. Supreme Court in 2016. The main question was about the size of the Omaha Indian Reservation. The Court had to decide if a law from 1882 made the reservation smaller. The Supreme Court decided that the 1882 law did not shrink the reservation. This meant the land in question was still part of the Omaha Reservation.
Contents
What Was This Case About?
This case was about land and rules. In 2006, the Omaha Tribe updated its rules about drinks. They wanted these rules to apply to stores in Pender. Pender is a town near the Omaha Reservation.
The city of Pender and its stores did not agree. They sued the Omaha Tribal Council. They argued that the tribe's rules should not apply to them. The state of Nebraska joined the lawsuit to support Pender. The United States government joined to support the Omaha Tribe.
A lower court first looked at the case. It decided that the 1882 law did not make the Omaha Reservation smaller. This meant the land was still part of the reservation. Later, a higher court, the Eighth Circuit Court of Appeals, agreed with this decision.
The Supreme Court's Decision
Justice Clarence Thomas wrote the Supreme Court's decision. All the justices agreed with him. They said that the 1882 law, which allowed some land to be sold, did not change the reservation's borders.
The Court used a special way to decide this. It was called the Solem v. Bartlett test. This test helps courts figure out if Congress meant to make a reservation smaller.
Looking at Congress's Intent
First, the Court looked closely at the 1882 law itself. They wanted to see if Congress clearly said it wanted to shrink the reservation. For example, they would look for words like "giving up" or "total surrender" of tribal land. They also looked for promises from Congress to pay the tribe for the land.
The Court found no clear words in the 1882 law that showed Congress wanted to make the reservation smaller. Instead, the language was like other laws. These laws just opened up reservation land for people who were not Native American to settle on.
What Happened at the Time of the Law?
Second, the Court looked at what was happening when the 1882 law was passed. They checked if people at that time understood that the law would shrink the reservation.
The historical records were not perfectly clear. But they did not "unequivocally" show that everyone thought the reservation would get smaller. The Solem test requires very clear proof for this step.
How the Land Is Used Now
Finally, the Court looked at the land's history and how the government treated it later. They checked if Native Americans still lived on the land. They also looked at how the federal government managed the area after the law was passed.
The Omaha Tribe had not been on the land for about 120 years. They also had not enforced their rules or offered services there. However, the Court said this alone was not enough. It could not change the fact that Congress did not clearly intend to shrink the reservation.
So, the Supreme Court decided that the land was still part of the Omaha Indian Reservation.
