Docket nos. 14–1406 End date March 22, 2016 | Citations 577 U.S. ___ (more) Location United States of America | |
Full case name Nebraska, et al., Petitioners v. Mitch Parker, et al. Majority Thomas, joined by unanimous Similar Bank Markazi v Peterson, Heffernan v City of Paterson, Betterman v Montana |
Nebraska v parker oral argument january 20 2016
Nebraska v. Parker, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that Congress's 1882 Act did not diminish the Omaha Indian Reservation. The disputed land is within the reservation's boundaries.
Contents
Background
In 2006, the Omaha Tribe "amended its Beverage Control Ordinance and sought to subject Pender retailers to the amended ordinance." The city and its retailers sued the Omaha Tribal Council members in their official capacities in federal district court. The suit challenged the ordinance and the tribe's ability to impose the ordinance on Pender retailers. Nebraska intervened on behalf of the petitioners, while the United States federal government intervened on behalf of the Omaha Tribal Council members.
The District Court found that the 1882 Act did not diminish the Omaha Reservation. On appeal, the Eighth Circuit affirmed the district court's ruling.
Opinion of the Court
Associate Justice Clarence Thomas authored a unanimous decision.