The U.S. Court of Appeals for the Second Circuit yesterday refused to reconsider en banc a decision on American Indian land claims and tribal access to federal courts that dissenters said largely locks Indians out of the federal courthouse.
Judges Peter Hall (See Profile), Jose Cabranes (See Profile) and Rosemary Pooler (See Profile) issued an 11-page dissent to a two-sentence order declining to reconsider State of New York v. Shinnecock Indian Nation, 08-1194-cv. A divided circuit panel in June vacated an injunction and remanded to state court a dispute involving the Shinnecock Indian Nation’s plan to build a 61,000-square-foot casino in Southampton (NYLJ, June 26).
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