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CARCIERI v. SALAZAR

No. 07-526.

129 S.Ct. 1058 (2009)

555 U.S. 379

172 L.Ed.2d 791

Donald L. CARCIERI, Governor of Rhode Island, et al., Petitioners, v. Ken L. SALAZAR, Secretary of the Interior, et al.

Supreme Court of United States.

Decided February 24, 2009.

Attorney(s) appearing for the Case

Theodore B. Olson, Washington, D.C., for petitioners.

Deanne E. Maynard, Washington, D.C., for respondents.

Claire Richards, Special Counsel, Providence, RI, Theodore B. Olson, Counsel of Record, Matthew D. McGill, Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Petitioner Donald L. Carcieri.

Patrick C. Lynch, Attorney General, Neil F.X. Kelly, Counsel of Record, Assistant Attorney General, Providence, RI, for Petitioner State of Rhode Island.

Joseph S. Larisa, Jr., Assistant Solicitor for Indian Affairs, Town of Charlestown, Providence, RI, for Petitioner Town of Charlestown, Rhode Island.

Gregory G. Garre, Acting Solicitor General, Counsel of Record, Ronald J. Tenpas, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Deanne E. Maynard, Assistant to the Solicitor General, William B. Lazarus, Elizabeth Ann Peterson, Attorneys, Department of Justice, Washington, D.C., for respondents.

The Indian Reorganization Act (IRA or Act) authorizes the Secretary of the Interior, a respondent in this case, to acquire land and hold it in trust "for the purpose of providing land for Indians." § 5, 48 Stat. 985, 25 U.S.C. § 465. The IRA defines the term "Indian" to "include all persons...

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