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November 27, 2007

Court rejects Maine tribes' appeal

Two Maine Indian tribes will not get the chance to appeal their employment case before the United States Supreme Court, where they had hoped to argue they have sovereign power and are not subject to Maine employment laws.

The U.S. Supreme Court yesterday decided it will not hear appeals from the Aroostook Band of Micmacs and the Houlton Band of Maliseets, who claim that they are not subject to state employment laws or the Maine's Human Rights Act, the Associated Press reported. The case stems from the tribes' 2001 firing of three Aroostook County women, who complained that the firings ran afoul of Maine's Whistleblower Protection Act.

Two years ago, a U.S. Magistrate judge ruled in that case that the Micmacs were not subject to Maine's Human Rights Act and state employment laws. But the 1st Circuit Court of Appeals in Boston last spring overturned that ruling in a split decision, the AP said. The tribes then appealed the case to the U.S. Supreme Court.

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