“NCAI and tribes from across the country had opposed his nomination because of his documented disregard for federal law affecting Native sacred places and his unwillingness to consider tribal government views,” said Joe Garcia, president of the National Congress of American Indians.
“Indian Country had grave concerns about Mr. Myers’ ability to apply the law fairly and impartially,” said Garcia. “A lifetime appointment to the 9th Circuit, which contains millions of acres of public lands, hundreds of Indian reservations, more than 400 Indian tribes, and millions of Indian people, is just too important to the future of Indian people.“
“In support of their own agenda of liberal judicial activism, Senate Democrats have engaged in unprecedented measures of obstruction against the president’s highly qualified nominees,” Ed Whelan, president of the Ethics and Public Policy Center and a former clerk for Justice Antonin Scalia, told the Associated Press.
Myers sparked Native opposition during his tenure as lead lawyer for the U.S. Interior Department. Among his legal decisions was an opinion that reversed a Clinton-era ruling that protected Indian Pass, a land area sacred to the Fort Yuma-Quechan Tribe of Yuma, Ariz.
Quechan tribal leaders led an effort to derail Myer’s nomination. “He’s not qualified and he doesn’t care about tribes,” said Courtney Coyle, a La Jolla, Calif., lawyer representing the Quechan. As an Interior lawyer, Myers supported mining claims by Glamis Gold Ltd., a Canadian gold mine company, which was recently acquired by Goldcorp Inc., one of the world’s largest gold mine operations.
Goldcorp’s U.S. earnings, ending in September, were $342 million. The company expects to double its reserves and increase production by 50% over the next 4 years.
Glamis officials have an active appeal with the U.S. State Department to move forward with open pit cyanide project mining operations. Under NAFTA, the Quechan tribe remains limited in its legal options. Yet, Native advocates content that Myers’ circuit court withdrawal means one less opponent in the court system for tribes.
“It’s a great day for the world of sacred places; it’s a great day for the environment,” said Suzan Shown Harjo, president of the Morning Star Institute in Washington, D.C. “He would have done tremendous damage on the 9th Circuit. I am thrilled his judicial career has been nipped in the bud. This however doesn’t undo the damage he’s done potentially to the Quechan.”
Reach reporter Jodi Rave at 800-366-7186 or jodi.rave@lee.net
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