Today (in 1942) is the birthday of Karl May, the creator or Winnetou, Old Shatterhand, and via the flickering image, the "Spaghetti Western" genre.
Karl never got futher west than the eastern end of Lake Erie, and eastern indians didn't interest him. But who needs facts when fiction is so close at hand?
Today, well, actually yesterday, but I was up to my elbows in bits and expired signatures and every test case for brokenness and wrongness I or anyone could stumble across, and just briefly, when it was asserted that the policy, in particular, the signing of the .gov zone, applied recursively to all .gov sub zones, federal, state, and "native soverign nation", asserted by the GSA, that my ears perked up and I thought "no, GSA doesn't make policy for the Peers of the United States, the Parties to Treaties ... but the moment passed and a mismatch of Zone Signing Key and the zone signature cause me to realize that the key hash was undervalued as the real unique identifier of correctness ... and that that was what was really important.
Anyway, yesterday the USSC decided Carcieri v. Salazar, which in a nutshell comes down to the founders' intent analysis of ... "now"
I can't imagine (without giggling) legal challenges to any bill acted on by the federal legislature on February 24th, 2009, which contain the word "now". Who knows, a bill containing those three magic letters, in that order, may mean that the Congress was knowing precluding, for all time, all future Congresses, from any act concerning the same parties, or that the same Congress, was vacating all pending claims upon the United States, which had not matured before the fatal "now" was legislatively uttered. Or, to be creative, both. All VA claims not processed by "now" are junk, and no future Congress may ever offer (in fact, legislative fiction is a perpetual joy), after "now" any "Veteran's Benefits" to any sliced and diced signed-at-18 who takes a through-and-through or otherwise absorbs some opfor kinetic effect.
But that is what Carcieri v. Salazar is. All those treaties for the California, Oregon and Washington tribes, entered into by the Executive Branch, that a pissy House leadership decided (on an appropriations bill) would never reach the Senate for a ratification vote (Appropriation Act of March 3, 1871, Ch. 120 sec. 1, 16 Stat. 544, 566 (codified at 25 U.S.C. sec. 71), all those tribes terminated by the Oklahoma Statehood (Curtis Act of 1908), and not restored prior to 1934, starting with the Narragansett who were not recognized until the late 20th century, like most east-of-the-Appalachian tribes, just became "peculiar fruit" in the Neue Süddeutsche Bundes-Indischen Recht.
I thought Justice Ginzberg's deciding that Indians and Whites have distinct access to facts was a gem competitive with Wild Bill Rehnquist's finest (City of Sherrill v. Oneida Indian Nation of New York), and I expect that Justice Breyer's joining the Rehnquist-Roberts majority means we've lost another member of the court to Wild Bill's theory of Injun Justice.