Rhode Island Governor Attorney General Comment on US Court Decision in Carcieri v. Salazar

Feb. 25, 2009 -- Rhode Island Governor Donald L. Carcieri and Attorney General Patrick C. Lynch commented on the decision by the United State Supreme Court in Carcieri v. Salazar (Secretary of the Interior). The Supreme Court found in favor of the State of Rhode Island, reversing the judgment of the US Court of Appeals.

The implication of this decision is that all laws and statutes of the State of Rhode Island will be applied equally to the Narragansett Indian Tribe as they do to all citizens of Rhode Island, including taxation, gambling, zoning, and all other civil and criminal laws.

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In the decision, written by Justice Thomas, the Supreme Court “agrees with the petitioners and hold that, for purposes §479, the phrase ‘now under federal jurisdiction’ refers to a tribe that was under federal jurisdiction at the time of the statute’s enactment. As a result, §479 limits the Secretary’s authority to take land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934.” The opinion went on, “Because the record in this case established that the Narragansett Tribe was not under federal jurisdiction when the IRA was enacted, the Secretary does not have the authority to take the parcel at issue into trust.”

“I am very pleased by the decision of the United State Supreme Court,” said Governor Donald L. Carcieri. “This is a victory for the state of Rhode Island and the Town of Charlestown. I commend the effort put forth by the whole team to preserve and protect the state’s ability to impose the rule of law equally amongst all citizens, most notably Attorney General Lynch and his staff, Joe Larisa, and my legal team of Kerry King and Claire Richards. I would like to express great gratitude to Theodore Olson, one of the greatest Supreme Court appellants of our generation, for his guidance in developing the legal argument that resulted in this decision and his effective presentation of the argument before the Court. With this issue finally put to rest, I look forward to building a constructive relationship with the Narragansett Indian Tribe.”

“The culmination of 10 years of litigation, this decision is a tremendous victory for the State of Rhode Island, for the 22 states, from Alaska to Florida, that joined our cause, and for the importance of states' rights across the United States of America,” said Attorney General Patrick C. Lynch. “It always struck me as fundamentally wrong, and maybe even un-American, that with the stroke of a pen, the federal government believed it could unilaterally strip a state of its sovereign jurisdiction by taking land into trust -- even where there were no federally recognized Indian tribes. Thanks to the crystal clarity of this decision, however, there can be no confusion that Rhode Island has the power and the ability to protect our citizens' rights, health, safety, and welfare everywhere in our state. Rhode Island remains one state with one set of criminal and civil laws applicable to all, no matter where our citizens live. Between the guidance provided by today's ruling and that of the Supreme Court's Sept. 24, 2008, ruling, which said that Rhode Island's laws fully apply on the Narragansetts' settlement lands, I am hopeful that we can avoid confrontations in the future and move toward a mutually beneficial relationship with the Narragansett Indian Tribe."

Source: Rhode Island Governor