Wednesday, July 02, 2008

Something I had not realized...

that greatly surprised me.

The Solicitor General filed an amicus brief in Plains Commerce Bank v Long in favor of tribal jurisdiction. (The Court ruled the other way, of course.)

That was the correct position for the federal government to take, in its capacity as trustee for Indian tribes and in line with its official policy of encouraging institution-building for self-determination. But just because it's correct doesn't mean I would have expected it.

The brief is quite good. (The SG's office hires pretty good lawyers, after all.) A pleasant surprise-- the first so far, in my reading of the case and its materials.