“The White man made us many promises, and he kept but one. He promised to take our land and he took it.” – Red Cloud
The United States Supreme Court heard oral arguments in Nebraska v. Parker, a case that will ultimately determine if the geographic boundaries of Indian reservations can be redrawn by judicial fiat, rather than by treaties that were enacted by Congress. Court observers say the case has grave implications for hundreds of tribes across the country in areas where non-Indians have taken up residence on their reservations.
Tribal leaders say a decision in favor of the non-Indian settlers bringing this suit could set the stage for the continued diminishment of Indian lands.
The case began in 2004, when the Omaha Tribe of Nebraska enacted an alcohol beverage control ordinance regulating and taxing the sale of alcohol on its reservation-for which it had obtained federal approval. The Omaha Indian Reservation is mostly in Thurston County, but also has sections in four other counties. Prior to this ordinance, said Omaha Tribal Chairman Vernon Miller, the tribe had passed several sales taxes with no complaint.
In 2006, the tribe notified the seven liquor stores in the town of Pender (population: 1,000) that they would have to pay tribal licensing fees and a 10 percent liquor tax to continue to operate on the reservation.