Talk:Donald P. Hodel

message: The statements regarding the Navajo Nation are incomplete.  The Federal Circuit Court of Appeals ruling was later reversed by the United States Supreme Court and is, therefore, of no authoritative value as a source.  The Supreme Court stated: “None of the sources of law cited by the Federal Circuit and relied upon by the [Navajo] Tribe provides any more sound a basis for its breach-of-trust lawsuit against the Federal Government than those we analyzed in Navajo I. This case is at an end. The judgment of the Court of Appeals is reversed, and the case is remanded with instructions to affirm the Court of Federal Claims’ dismissal of the Tribe’s complaint.”  Reference: United States v. Navajo Nation, 129 S. Ct. 1547, 1558 (2009) (“Navajo II”), slip opinion available at http://www.law.cornell.edu/supct/pdf/07-1410P.ZO (slip op. at p. 14). 
Therefore, I propose adding the following sentence to the Navajo Nation paragraph as follows (and citing the aforementioned reference):
:However, this ruling was later reversed by the United States Supreme Court.  The higher court stated, ““[T]he [Navajo] Tribe cannot identify a specific, applicable, trust-creating statute or regulation that the Government violated...None of the sources of law cited by the Federal Circuit and relied upon by the [Navajo] Tribe provides any more sound a basis for its breach-of-trust lawsuit against the Federal Government than those we analyzed in Navajo I.”
Shilpanicodemus (talk) 00:19, 6 October 2010 (UTC)
thread_title: Problems with the section on the Navajo Nation

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