U.S. Supreme Court Examines Tribal Authority Over Non-Indians in Nebraska v. Pender
The U.S. Supreme Court heard oral arguments on Jan. 20, 2016, in Nebraska v. Pender, its third Indian law case of the term. The question presented was whether Congress had diminished the Omaha Indian Reservation when it opened the reservation to settlement by non-Indians in the late 1800s during the allotment era.
This question is usually determined by a well-settled, three-prong test that asks:
Did the language Congress used indicate an intent to diminish the reservation boundaries?