Micmacs and Maliseets lose sovereignty under recent appeals court panel rulings

BOSTON - In a 2 - 1 decision, a 1st Circuit Court of Appeals panel issued a ruling in an employment discrimination case that effectively terminates the tribal sovereignty and immunity of the Aroostock Band of Micmacs and the Houlton Band of Maliseet Indians.

The two rulings were issued simultaneously on April 17. Judges Sandra Lynch and Levin Campbell issued the majority ruling, with Lynch writing the decision. The Hon. Kermit Lipez wrote a dissenting decision.

The majority ruled that the federal Maine Indian Claims Settlement Act of 1980 and the Aroostock Band of Micmacs Settlement Act also subjected the band to total state jurisdiction, including how tribes handle employment. The judges then applied their decision to the Houlton Band of Maliseets.

''There is no 'internal tribal matters' exception in the statute,'' Lynch wrote.

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