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    Monday, May 13, 2024

    Supreme Court decision bodes ill for local tribe

    The U.S. Supreme Court's refusal to consider what could be a Kent-based Indian tribe's last-gasp bid for federal recognition could be considered bad news for the Eastern Pequots of North Stonington.

    The Schaghticoke Tribal Nation had asked the high court to review the 2nd U.S. Circuit Court of Appeals' denial a year ago of the Schaghticokes' appeal of a 2005 U.S. Bureau of Indian Affairs decision overturning the tribe's recognition. In another decision issued at the same time, the BIA withdrew the recognition that had been granted to the Eastern Pequots. Both tribes had shown an interest in developing casinos once they gained recognition.

    Although they never initiated a legal appeal of their own, the Eastern Pequots had been monitoring the Schaghticokes' court case. Reached Wednesday evening, Jim Cunha, chairman of the Eastern Pequots' tribal council, said the council had not yet discussed the latest development and that he could not comment.

    Richard Velky, chief of the Schaghticokes, said his tribe would not go away.

    "We're greatly disappointed that the Supreme Court didn't hear our case, but we're not going to quit," Velky said. "We were recognized, and we had it taken away from us by Connecticut politicians. Hopefully, the next group of people (elected to office) will see things differently."

    Velky said the tribe has 25 days to ask the Supreme Court for further consideration based on any new evidence it would have to submit. Beyond that, he acknowledged, there's nothing else the tribe can do in the courts. "But there's always Congress," he said.

    The Supreme Court's failure to grant the Schaghticokes' request for a review of their case drew a response from state Attorney General Richard Blumenthal, a staunch opponent of the tribe's recognition bid.

    "This decision should mark the end of a meritless petition for tribal recognition," Blumenthal said in a statement. "The BIA soundly rejected the Schaghticoke claim because the group has not existed as a continuous tribal political and social entity. Sovereign status is reserved only for groups that meet the clear federal criteria, which the Schaghticoke have failed to meet."

    In appealing the BIA decision overturning their recognition, which was granted in 2004, the 300-member Schaghticoke Tribe claimed the bureau succumbed to political pressure from top state officials, including Blumenthal. U.S. District Court in New Haven rejected the claim, and the 2nd U.S. Circuit Court of Appeals upheld the lower court's ruling.

    The BIA recognized the Paucatuck Eastern Pequots and the Eastern Pequots, both of North Stonington, as a single tribe, the Eastern Pequot Tribal Nation, in 2002. Blumenthal joined the towns of Ledyard, North Stonington and Preston in appealing the BIA's decision.

    Nicholas Mullane II, North Stonington's first selectman, welcomed the Supreme Court's failure to take up the Schaghticoke case and the apparent implications it has for the Eastern Pequots.

    "I would suspect there is no ability for them to take legal action," Mullane said of the 1,150-member North Stonington tribe.

    b.hallenbeck@theday.com

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