Pender V. Parker Case Summary

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The Pender Vs Parker case was first brought to light when there was an opportunity for the Omaha Nation to legally tax the all liquor sales throughout the Omaha Tribal Reservation. In 2006, the Omaha Nation Tribal Council elected to tax and regulate liquor sales on the reservation to help stimulate economic development. The tribe’s liquor regulations require licenses for the businesses that sell alcohol and a 10 percent tax on alcohol purchases. A group of retailers sued in federal court in 2007, arguing they weren’t subject to the tribe’s regulations because the land is not part of the Omaha Reservation in the northeast Nebraska.
In the 1800's, the Omaha Tribal people were suffering from diseases such as small pox. (Case File number 4:07-cv-03101)Attacks from neighboring tribes pushed the Omaha Tribe farther into despair. The results were detrimental, half of the Omaha Nations population perished. In hopes of securing peace, the Omaha Tribe entered into "peace and friendship" treaties with the United States in 1815 and again in 1825. Treaties involving the Omaha Tribe resulted in further loss of the Tribal land base and of hunting rights to lands in Iowa. Omaha people were poverty stricken from the effects of federal Indian policy and treaty making. Overall, the federal policy toward the Indian nations
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The State of Nebraska joined in the leading the fight for Pender in the Pender v. Parker Case. On May 27, 2015, they filed a petition for a writ of certiorari with the Supreme Court of the United States. (Lynn Armitag, New Age Boarder Wars) The announcement was made on October 1, 2015 when the Supreme Court published a list of cases that were granted certiorari: a legal term describing when a higher court agrees to review the decision of a lower court. In this case, it will be the highest court in the land making the final call. The date of those oral proceeding has not been set. (Jason Stunek, The Pender

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