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Nebraska v. Parker

On March 22, 2016, Bancroft secured a victory in the Supreme Court on behalf of the members of the Omaha Tribal Council in Nebraska v. Parker, 136 S. Ct. 1072 (2016).  After merits briefing and oral argument, the Supreme Court unanimously ruled in favor of the Omaha Tribe and against the State of Nebraska, which had sought to diminish the boundaries of the Omaha Reservation.  The Supreme Court held that Congress did not diminish the boundaries of the Reservation when it enacted a statute providing for the sale of tribal lands in 1882.  The Court also reaffirmed that only Congress may diminish the boundaries of Indian reservations and that the best evidence of congressional intent is the statutory text.  News outlets and experts on Indian law described the result as a “convincing victory” and a “huge win for Indian country.”  Paul D. Clement argued the case, and Jeffrey M. Harris and Subash S. Iyer assisted with the briefing.

Supreme Court Opinion
Respondents’ Merits Brief