• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
Onondaga Nation People of the Hills

Onondaga Nation

People of the Hills

  • Facebook
  • Instagram
  • Twitter
  • YouTube
  • About Us
    • About Us
    • Blog
    • Business
    • Artists
    • Facts
    • Genealogy Inquiries
    • Nation Links
    • Today
    • Contact Us
  • Culture
    • Culture
    • Ceremonies
    • Dress
    • Food
    • Homes
    • Language
    • Song
    • Sports
    • Wampum
  • Government
    • Government
    • Chiefs
    • Clan Mothers
    • Court Cases
    • Positions
    • Sovereignty
    • Symbolism Of 2 Governments
    • Treaties
  • History
    • History
    • History of Relations with our Brothers: 1613 to Today
    • US Presidents – Hanadagá:yas
    • Timeline
    • Quotes
  • News
  • Video
  • Land Rights
    • Land Rights
    • Declaration
    • Legal Briefs
    • World Court
    • Onondaga Lake
    • The Cleanup Plan
    • Tully Mud Boils

Onondaga Nation Has Filed Its En Banc Petition To The U.S. Second Circuit Court Of Appeals:

November 6, 2012 by Onondaga Nation

OnondagaNation.org
November 6, 2012

On Friday, November 2nd, the Nation’s attorneys filed the request for a re-hearing of the October 19, 2012 Circuit’s Summary Order, which had affirmed the lower court’s dismissal of the Nation’s Land Rights Action.   This dismissal was based on the newly created “new laches” defense that the courts have awarded New York State.   This new defense, which only applies to Indigenous Nations’ land rights cases, has radically changed the rules since our case was filed, and is patently unfair and unequal. 

When we argued the appeal to the three judge panel of the 2nd Circuit on Columbus Day, they did not have the authority to change the Circuit’s previous rulings that had dismissed both the Oneida and Cayuga land claims, and they simply applied this same set of unfair “new laches” rules to Onondaga.  The purpose of this en banc Petition is to ask the full, thirteen judge Circuit to re-visit those prior rulings, and to hopefully correct their errors, as the full panel has the authority to change their prior rulings, if they agree with our position.

The rules of the Circuit required us to file this Petition within two weeks of their Summary Order and the brief was limited to a maximum of 15 pages.   The Nation’s attorney raised several legal arguments within this very limited format: (a) that the Circuit’s narrow application of their previous dismissals in Cayuga and Oneida violated prior rulings of the U. S. Supreme Court; (b) that those prior dismissals were in violation of the act of Congress that no statute of limitations should apply to land rights actions; and ( c) that these dismissal under the guise of “equity” were in violation of a long line of previous Supreme Court rulings and in violation of centuries old principle of equity or fairness.

Now the Circuit will decide if it will “re-hear” the case, which would call for further written briefs and oral argument, or if they will simply deny this request.  If they deny our request, then the last possibility for the Nation is to ask the Supreme Court to review the Circuit’s ruling in a certiorari Petition.  The Nation will certainly take that final step, but it is important to remember that in both Cayuga and Oneida, their en banc and certiorari petitions were summarily denied. 

If Onondaga’s petition met the same fate, then we will have exhausted all possible avenues in the U.S. court system, which is a requirement before we can take these treaty violations and illegal land grabs into an international court.  

Read the Petiton on Turtle Talk

Share this:

  • Click to print (Opens in new window) Print
  • Click to email a link to a friend (Opens in new window) Email
  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on Reddit (Opens in new window) Reddit

Related

Filed Under: Legal, News Tagged With: 2012

Primary Sidebar

Tweets by @OnondagaNation

More to See

Onondaga/LaFayette softball stays perfect as late rally fends off shorthanded McGraw

May 6, 2025

Indian Health Service Announces Job Opening

May 6, 2025

A gift to the Onondagas 50 years ago still roams their land: ‘It’s part of our culture’

May 2, 2025

Footer

Contact Us

Dyodihwasnye'nha'
Administration Building
4040 Route 11
Onondaga Nation
via-Nedrow, NY 13120
315-469-0302

Follow

  • Facebook
  • Twitter
  • YouTube

Recent

  • This Side of the River
  • Onondaga/LaFayette softball stays perfect as late rally fends off shorthanded McGraw
  • Indian Health Service Announces Job Opening
  • A gift to the Onondagas 50 years ago still roams their land: ‘It’s part of our culture’
  • Onondaga Nation caretakers of Buffalo Herd

Tags

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Bucktooth Dr. Robert Venables Gonyea Heath Hill Honeywell Iroquois Nationals Jacques Lacrosse Land Rights Lyons NAIG Nationals Onondaga Lake ONS Powless Principal Redhawks Shenandoah Syracuse Thompson Thompsons Two Row WILC

Copyright © 2025 · Onondaga Nation