Mashpee Wampanoag: US Court ‘stood up for justice’
The Mashpee Wampanoag Tribe has cleared a major hurdle in its legal battle to maintain its reservation status.
A federal judge on Friday ordered the U.S. Interior Department to reexamine its previous decision taking the tribe’s more than 300 acres in Massachusetts out of trust.
“While we are pleased with the court's findings, our work is not done,” tribal Chairman Cedric Cromwell said in a statement . “The Department of Interior must now draft a positive decision for our land as instructed by Judge Friedman. We will continue to work with the Department of the Interior — and fight them if necessary — to ensure our land remains in trust.”
Cromwell told Indian Country Today that the decision marked a great day for Mashpee and that U.S. District Judge Paul Friedman stood up for justice.
“Very happy justice reigned supreme, but the battle is not over,” Cromwell said. “We’re praying the Trump administration will do the right thing and stand with Mashpee.”
Cromwell added that Friedman was very prescriptive in his instructions that the Trump administration must go back and correctly apply a 2014 “M-Opinion.”
A recent hearing in the case focused largely on whether the tribe was “under federal jurisdiction” before the 1934 Indian Reorganization Act.
An attorney for the Cape Cod-based tribe, Tami Azorsky, argued that the evidence put forward by the Mashpee Wampanoag showing it was under federal jurisdiction is the type of evidence that the Interior Department has used in the past to award that distinction. It includes federal reports, census records and proof of tribal members’ attendance to Bureau of Indian Affairs schools like Carlisle Indian School.
“When viewed in context and that together they are the types of evidence that in other cases the Secretary determined the tribe was ‘under federal jurisdiction,’ but in this instance dismissed each individually,” Azorsky said at a May hearing.
Azorsky added that the Interior Department has an obligation and responsibility to protect tribes.
Sara Costello, representing the Interior Department, told the judge during the hearing that the administrative record from prior court cases was on the side of the department. She said the tribe failed to meet the requirements of being “under federal jurisdiction” before the 1934 law, which was aimed at decreasing federal control of Native American affairs and increasing self-governance.
Lawyers representing the tribe have said the impacts of losing its reservation status would be devastating, ranging from the loss of access to crucial economic development, education, social services and health programs, to a reduced ability to battle the coronavirus.
In a time of protests and a pandemic, the people and lands are speaking up, he said over the phone Friday evening. “Let freedom ring.”
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the Secretary of the Interior’s September 7, 2018 Record of Decision is arbitrary, capricious, an abuse of discretion, and contrary to law, the Court remands the matter to the Secretary of the Interior for a thorough reconsideration and re-evaluation of the evidence before him consistent with this Opinion, the 2014 M-Opinion, M-37209 – its standard and the evidence permitted therein – and the Department’s prior decisions applying the M-Opinion’s two-part test.
OK - let's keep that ball rolling.
Great first step but a ways to go yet.
Sadly they have to sue to have their rights reinstated.
It seems as though American Indians are forgotten people by the national media. I wish I could think of an answer, but with AI numbers being so relatively small there probably isnt one. Maybe go with a "one drop" rule and say that anyone with any native bloodline at all is a native. That would expand the ranks and maybe create a lot of interest in AI issues.
I myself am a small part American Indian (my grandfather's great grandfather was an American Indian). So I am, I guess 1/32 American Indian. Like Elizabeth Warren.
I live in MA and Iv'e frequented Cape Cod for many summers past. Around here Mashpee has always been synonymous with the tribe, yet in my entire life I've never met a member of the tribe. That also goes for what has become my two favorite casinos in Connecticut. Both are to benefit local tribes and bestowed with beautiful Indian artifacts. I drive through rebuilt towns, yet Iv'e never met anyone from those tribes either. It wasn't until I was 60 and traveled to NM that I got to meet native Americans.
So maybe you have something there with the idea of "out of sight, out of mind." However trying to increase the native American population by including anyone who might be minutely related would be insulting to real native Americans. (at least I would be if I were one) There is another thing that you touched on that may be the problem. You said they were forgotten by the national media. I don't think the media forgets them. I think the media realizes that some (I'm thinking of one in particular) can't be manipulated or patronized. That is an admirable quality!
That blood-quantum thing is a really sore point among the tribes/nations/people. Tribes/Nations are trying very hard to maintain their sovereignty and it would be really difficult to be the leader of a Nation that only has 2 Indians. That's one of the reasons we are fighting to get the court (SCOTUS) back to the original intent (Marshall Trilogy) that we are sovereign.
I think everyone here is with you on that.
Voted up!
Are you saying that the tribes shouldn't have a blood quantum requirement or that they should have a stronger one?
I'm sure that your aware that many tribes do not have a blood quantum requirement. The Principal Chief of the Cherokee Nation is 1/32 blood Cherokee.
The Mashpee has a very large Pow Wow every year in MA and all are invited.
There are numerous tribes throughout the New England states and NYS and NYC have very large populations of NA's.
Nope, that isn't at all accurate as to the part of the media forgetting them, they do and there are a number of studies that support that.
See my comment to 1st regarding blood quantum. 1.1.6
That's why I stopped even mentioning my 1/4 Cherokee. It didn't take me long to learn that I was quite unworthy. You know...the bastard at the family reunion thing. Don't get me wrong, I strongly support NA issues/causes/culture/lifestyle/etc.., I just do it without putting my pride on display.
I would have told whoever that person was to fuck off. The Cherokee do not have blood quantum requirement.
The principal Chief of the Cherokee Nation is 1/32 Cherokee blood.
Hi Vic,
You met an Indian the moment we started chatting.
I know, Funny you don't look Indian (I also don't look Jewish either). If you went into Mohegan Sun, you would have met many Indians. Upstate NY the Oneda everywhere. So I am not sure how you could have missed us.
I am a member of the Shinnecock tribe. Our tribe does have a blood-quantum and First is right it is a sore point within the tribes. While I am considered a member of the tribe, my daughters are not. And the irony is that my children look Indian, while I don't. Believe me, no one is trying to increase the numbers of Indians. And yes, the national media does not give a damn about us, and there is a reason. Despite the injustice done to us by the US government, we love our country and try to be good citizens. So most of the time, we don't make a fuss. The payback has been we are the forgotten people. Also, the media seems to see black and Latino, clearer than they do Red, and it's people like me, that are the cause. Who thinks that a blue-eyed redhead could be an Indian. It's doesn't make for good press.
There are people who have one great grandmother who is Irish calling themselves Irish.
Talking nationally about many people having some part American Indian heritage would likely raise interest in Indian issues.
They (you) ought to think about it.
Sister,
What happened to you is wrong. You are not unworthy, even by your tribe's standards. I don't know who gave you this reaction.
On the other hand, I do get your frustration. My daughters are not tribe members and this ticks me off. The irony being that when they went to college, they met some really ignorant kids who told them, they were not white. I mean wtf?
Iv'e been and stayed there countless times. I think I have missed all of them maybe because none looked like we might imagine. (the case you seem to be making)
Here is a picture of the Council of the Mohegan Tribe:
If I bumped into any one of them I wouldn't know they were native American.
Despite the injustice done to us by the US government, we love our country and try to be good citizens. So most of the time, we don't make a fuss.
Many were brought up that way. It is the correct way.
Who thinks that a blue-eyed redhead could be an Indian.
Probably nobody, but you would have been "Aces" in the old neighborhood!
You see, to me, with the exception of one of them, they all look Indian to me. Eastern tribes look different from western tribes. Most people when they think Indian, they think western tribes. Here is a photo I found of Indian women. Don't look at her coloring.
Look at her features and then look at mine. They are very similar.
We are a proud people, but doing it "the right way" has literally cost us a country and now the highest rate of both police brutality and rape against our women. So how do we get noticed? Even in Minneapolis where the rioting started, it took our own people to make sure that the Indian parts of town were not destroyed. The police never showed up for us, and they never do unless they think we are causing trouble. It's no different here on LI, where the Shinnecock are. And when locals find out that I am a tribal member, I have heard nasty stereotypes like, "and your not an alcoholic?" and "Why do you live off the Rez? You can't be a true indian" Can you imagine how hurtful that is?
LOL, I know that I look Irish, which you being a Boston boy would find quite normal.
First Perrie, I like the pic of that girl. I see a lot of America's soul in that!
I have heard nasty stereotypes like, "and your not an alcoholic?"
Out in Gallup NM they put it this way - "I don't know what it is, but they just can't handle alcohol."
Can you imagine how hurtful that is?
Of course. When I was young, I thought trying to look like Richard Widmark would solve it!
LOL, I know that I look Irish, which you being a Boston boy would find quite normal.
Correct.
Not unexpected coming from people in Gallup. Actually it is expected since there is a lot of racism against Natives in Gallup.
Maybe they want to go back to the old racist sport of ''Indian Rolling''...
Iv'e heard things along those lines. They have a few problems there
See, that is really upsetting. We could say the same thing about the Irish and in truth, whites suffer from alcoholism the same amount as Indians (about 24%). The reason is that there is a genetic predisposition for it, due to a lack of serotonin in the brain. Until the white man came to America, no Indians suffered from it, since they never made it.
We sure could! Perrie, I grew up in Boston, but I'm not Irish.
in truth, whites suffer from alcoholism the same amount as Indians (about 24%).
Um hum. The same person that said they can't handle it called Gallup "drunktown USA"
Until the white man came to America, no Indians suffered from it, since they never made it.
That makes sense.
The Chickasaw don't have a blood quantum - but - if you have a direct ancestor listed on the Dawes Rolls or any of the rolls of Indians "gently" relocated from the SE, then you are "eligible" for Chickasaw membership. However, the BIA, for many of its programs, require at least a 1/4 blood quantum to qualify. The Chickasaw won't allow you to hold any public office unless you have, at least, one direct member/ancestor on any of their rolls.
I 'believe", but will check further, that none of the Five Civilized Tribes require blood quantum. However, other tribes/nations do. Example, a few years ago, the Kiowa were being castigated because they required a 3/5's blood quantum and, I believe, one of the Cheyenne tribes/nations requires more.
I know a few people who would qualify to be listed on at least two tribal rolls - and they are full bloods, but, one parent is one tribe and the other is of another tribe.
Santa Clara ring a bell?
To my knowledge, none of the Five Civilized Tribes have a blood quantum requirement.
For many years we had a minimum of 50% blood quantum and also your parents had to be enrolled members of the band. There can be no break in the line of membership.
It's been changed to 25% but all the other requirements remain in effect.
Some of the Ojibwe bands want to lower the blood quantum and rely on more direct tribal enrollment. I'm for that since blood quantum isn't an Indian invention.
The Feds, for some of their "programs" for Native Americans, require a blood quantum of 1/4, even if the person is on the Tribal rolls.
But, getting back to the topic - Congress has adopted the role of being the "Guardian" of the Native Americans under the guise of the Commerce Clause in the Constitution. Even Felix Cohen, the Expert in Indian Law, couldn't get that changed. So, the DOI "decided" they had the power/authority to take reservation lands and disestablish a Tribe's reservation when Federal Indian Law explicitly states that only Congress has that power/authority. Another typical governmental power grab.
What we really mean is keep the ball rolling until the next election, and hopefully a new Administration will throw out this nonsense.
Reading the "M-Opinion" referenced by the judge - M-Opinion 37029, " The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act", 3/12/14 ., could be beneficial for the Mashpee for the most part - depends on what the Appeals Court sez.
A good first step. But that is how every journey begins, with the first step. Really hoping they win this one.
When I was a kid, my brothers and I started our own Indian tribe. We lived in the woods away from any neighbors. With no Indian blood in our veins, we imagined what it would be like to be an Indian living in the wilderness and surviving. All of our free time was spent in the woods doing what we imagined Indians would do in our situation.
It was from these experiences that I developed a deep respect and admiration for Indians. I probably spent as much time trying to be an Indian as some real Indians tried to be not an Indian.
It is on this foundation that I believe that enough has been taken from the Indians. Let the Indians live in peace.