Same as it (N)Ever Was — Jicarilla Apache Nation and the Fiduciary Trust Relationship

Abstract

Prior to the Supreme Court hearing oral arguments in United States v. Jicarilla Apache Nation, the Federal Bar Association’s Indian Law Section took the unusual step of submitting an amicus brief on behalf of the tribal respondent. The action indicated recognition amongst tribal advocates that the disposition of the case might have profound ramifications for Indian country. Underlying the specific issue — whether the application of the fiduciary exception was proper in the context of the federal-Indian trust relationship — was the possibility for a broader referendum on the status of the fiduciary responsibilities of the government in managing Indian trust assets. When the Court issued its opinion, parties advocating for a robust affirmation of the government’s trust responsibilities to the Indian tribes were undoubtedly disappointed. Instead, the Court further limited the ability of tribes to establish federal fiduciary obligations to the Indian peoples.