9th U.S. Circuit Court of Appeals Ruling

US News and World Report - Court rules for government in fight over tribal expulsions

By SUDHIN THANAWALA, Associated Press

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The 9th U.S. Circuit Court of Appeals upheld a decision by the federal Bureau of Indian Affairs not to overrule the Pala Band of Mission Indians' expulsion of more than 150 members. The court said the federal agency reasonably concluded that the San Diego County-based Pala were operating under a tribal constitution that gave the tribe ultimate authority over enrollment decisions.

"In reaching our decision, we recognize with regret that plaintiffs will suffer severe and significant consequences from losing their membership in the Pala Band," Judge Milan Smith wrote for the three-judge panel.

But he went on to say that the federal government does not interfere in tribal enrollment decisions "in the absence of specific authority to do so."

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