Blatchford v. Native Village of Noatak
| Blatchford v. Native Village of Noatak | |
|---|---|
 | |
| Decided June 24, 1991 | |
| Full case name | Blatchford v. Native Village of Noatak |
| Citations | 501 U.S. 775 (more) |
| Case history | |
| Subsequent | 38 F.3d 1505 |
| Holding | |
| The Eleventh Amendment prevents tribes from filing lawsuits against the United States because they are not party to the Constitution; therefore, the United States must sue itself as a trustee for the tribe under United States v. Minnesota. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia |
| Concurrence | Blackmun, joined by Marshall, Stevens |
Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991), was a United States Supreme Court case in which the Court held that the Eleventh Amendment prevents tribes from filing lawsuits against the United States because they are not party to the Constitution; therefore, the United States must sue itself as a trustee for the tribe under United States v. Minnesota.[1][2]
Background
[edit]Alaska Native villages brought suit against Edgar Blatchford, in his capacity as the Commissioner of Alaska's Department of Community and Regional Affairs, seeking an order requiring payment to them of money allegedly owed under a state revenue-sharing statute. The federal District Court dismissed the suit as violating the Eleventh Amendment. The Ninth Circuit Court of Appeals reversed, first on the ground that 28 U.S.C. § 1362 constituted a congressional abrogation of Eleventh Amendment immunity, and then, upon reconsideration, on the ground that Alaska had no immunity against suits by Native tribes.
Opinion of the court
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The Supreme Court issued an opinion on June 24, 1991.[1]
Criticism
[edit]Blatchford was out of step with most prior Eleventh Amendment jurisprudence, which said sovereign immunity under the Amendment only applied to situations mentioned directly in its text.[3]
References
[edit]- ^ a b Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991)
- ^ Williams, Joel West, ed. (2022). "Blatchford v. Native Village of Noatuk". Landmark Indian Law Cases, Second Edition. p. 725.
- ^ Getches, David H. (1996). "Conquering the Cultural Frontier: The New Subjectivism of the Supreme Court in Indian Law". California Law Review. 84 (6): 1643 n.341. doi:10.2307/3481094. ISSN 0008-1221. JSTOR 3481094.
External links
[edit]- Text of Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991) is available from: Cornell Findlaw Justia
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