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Lawsuit challenges tribal land designation

1 February 2008

MIDDLEBORO, Massachusetts -- As reported by the Massachusetts Enterprise: "The latest challenge to Indian sovereign land could not only jeopardize the Mashpee Wampanoag tribe's proposed casino in Middleboro, but Indian territory across the nation.

"Attorney General Martha Coakley has signed on to a lawsuit filed by Rhode Island Gov. Donald L. Carcieri against Secretary of the Interior Dirk Kemp-thorne, who heads up the Bureau of Indian Affairs.

"...He said Coakley signed on to the suit 'for clarification of some language that's up for interpretation'

"...At issue is whether it is unconstitutional for Congress to delegate authority to the secretary of the interior to take land into trust.

"...The brief, signed by Coakley and 15 other attorneys general, asks the Supreme Court to determine whether Congress' delegation of the trust power is constitutional.

"...Other states that have signed on to the Rhode Island suit include Alabama, Alaska, Arkansas, Connecticut, Florida, Idaho, Illinois, Iowa, Kansas, Missouri, North Dakota, Oklahoma, Pennsylvania, South Dakota and Utah."

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