DISCUSSION: See lines 52-56. Some more recent native claims have been successful.
This doesn’t mean that all claims were successful, or that the Mashpee tried again and were successful. It just means that courts are now willing to consider oral history.
___________
- We have no idea. It’s rare for a plaintiff to be able to argue two lawsuits on the same subject.
- This is too strong. We only know that Natives have won some cases that were similar to the Mashpee’s case.
- Why would courts break the law? There’s no support for this.
- CORRECT. This is supported by lines 52-56. The Mashpee only had oral history as evidence. They lost their case, but other tribes with similar evidence have won more recent cases.
- The Mashpee weren’t arguing for a new definition of tribe. If their oral history had been accepted, they would have been considered a tribe under an existing definition (lines 33-36).
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