Daily Kos

MYERS WITHDRAWS AS NINTH CIRCUIT NOMINEE

Wed Jan 10, 2007 at 02:22:28 PM PDT

I obtained permission to post this in full from Ms. Coyle who is listed below.  

PRESS RELEASE:

QUECHAN INDIAN NATION OPPOSITION KEY TO HIS DEFEAT

Fort Yuma, California/Arizona (January 9, 2007).  Today, William G. Myers III, former Solicitor in the Bush Department of Interior, withdrew his name for appointment to the United States Court of Appeals for the Ninth Circuit.  Myers had been strongly opposed by Native Americans, particularly for his failure to respect legal protections for Native American sacred places.

The Quechan Indian Nation was a key player in galvanizing Indian Country to oppose the nominee.  Quechan Tribal leaders met with and gained support from members of Congress, the California Nations Indian Gaming Association, the Inter-Tribal Council of Arizona and the National Congress of American Indians, among others, and testified before Congress and participated in confirmation hearings.

This was the first time Indian Country had opposed a federal judicial nominee.

"We were the first Indian tribe to oppose a Presidential nomination," stated Mike Jackson, Sr., President of the Quechan Nation.  "Through a lot of hard work and perseverance we helped block his confirmation and pushed Myers to withdraw.  It is a good feeling to know that he now will not be in a position to judge how laws are interpreted and applied in Indian Country, including those related to sacred place preservation.  His actions had a negative impact on our significant sacred site "Indian Pass"."

When Myers was chief lawyer at the Department of Interior, he wrote a legal opinion that paved the way for reversal of a Clinton-era ruling protecting the sacred Indian Pass area from the irreparable impacts proposed by the Glamis Gold Mine in the California desert.  Myers wrote the opinion with the support of the mining company, but did not consult with the Tribe, in violation of federal laws and policies.  A federal court later found that Myers misconstrued the clear mandate of the Federal Land Policy and Management Act to protect sacred places.

"From the outset of his tenure at Interior, Mr. Myers turned a blind eye to tribal interests and favored those of the mining industry, thinking that there would be no consequences to him, as though tribes did not matter," state Courtney Ann Coyle, Attorney for the Tribe.  "His withdrawal shows that sometimes there really are consequences for your actions and that you may ultimately be held accountable for them.  I don’t think he will forget the Quechan Indian Tribe now."

It has been reported that Myers was observed sitting alone, reflecting on his actions, in the entry of the National Museum of the American Indian in Washington, D.C., during a break in his Senate confirmation hearings.

"This shows what great things can be accomplished when Indian Country comes together and moves toward a common goal," observed Jackson.  "I hope we will see more of this in the coming years on issues of regional and national interest to all tribal governments."

The Quechan Indian Nation is a federally-recognized Tribe with over 3,000 Tribal members.  The Quechan is the third largest California land based tribe, with about 45,000 acres in reservation status.  Their aboriginal lands include the area protected in the Clinton-era decision denying the Glamis Gold mine.  The Indian Pass area was also designated as one of the 11 Most Endangered Historic Places in 2002 by the National Trust for Historic Preservation.

For additional information, please contact:

Mike Jackson, Sr., President Quechan Nation   760.572.0213

Pauline P. Jose, Quechan Culture Committee   760.572.0661

Courtney Ann Coyle, Attorney Quechan Nation 858.454.8687 or CourtCoyle@aol.com

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Ms. Coyle has been kind enough to notify me when something interesting happens with Mr. Myers.

This is satisfying news I must say.

And this from National Native News  (emphasis mine)

Some Native American organizations are applauding William Myers dropping his judicial nomination. Yesterday, Republican officials announced four of President Bush's nominees to the 9th Circuit Court of Appeals asked to have their nominations withdrawn. The National Congress of American Indians and The Inter-Tribal Economic Alliance are pleased with Myers' withdrawal. Myers' came under attack from people in Indian Country for his disregard to protect Native sacred sites.

I don't have a lot to add except to say again that I am pleased to see some progress regarding judicial nominations.

I searched for this news and did not see anthing for the last week.  If this has been posted already let me know and I will delete.

Tags: William Myers, judicial nominations, Ninth Circuit Court of Appeals (all tags) :: Previous Tag Versions

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