Episode 2: Say Something, See Something
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Steve Newcomb and Peter d’Errico dig into Halverson v. Burgum, the August 21, 2025, Ninth Circuit dismissal of Jack Halverson’s (Crow Nation) case against the Bureau of Indian Affairs.
Description
Steve Newcomb and Peter d'Errico dig into Halverson v. Burgum, the August 21, 2025, Ninth Circuit dismissal of Jack Halverson’s (Crow Nation) case against the Bureau of Indian Affairs.
The court ruled that Halverson could not sue the BIA because the US has “sovereign immunity”. It cited the 1823 Johnson v. McIntosh “Christian discovery” decision as the first item in its reasoning!
Transcript
Quotes
If this is your first encounter with Johnson v. McIntosh, here are a few key excerpts:
“The absolute ultimate title [of Indian lands] has been considered as acquired [by the United States] by discovery, subject only to the Indian title of occupancy.”“England…granted a commission to the Cabots, to discover countries then unknown to Christian people, and to take possession of them in the name of the king of England …notwithstanding the occupancy of the natives, who were heathens, and, at the same time, admitting the prior title of any Christian people who may have made a previous discovery.
“…The charter granted to Sir Humphrey Gilbert…authorizes him to discover and take possession of such remote, heathen, and barbarous lands, as were not actually possessed by any Christian prince or people.”
“No distinction was taken between vacant lands and lands occupied by the Indians.”
“The exclusive right of the United States to extinguish [Indian] title, and to grant the soil, has never, we believe, been doubted.”
As the Halverson case illustrates, the Johnson decision is still the basis of US property law in the 21st century!
Resources
- [Halverson v. Burgum](https://cdn.ca9.uscourts.gov/datastore/opinions/2025/08/21/23-3864.pdf
Citation
Newcomb, Steven T., and Peter d'Errico, cohosts. "'Say Something, See Something'." The Domination Chronicles Podcast, October 9, 2025. https://dominationchronicles.com/episodes/e002-say-something/.
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Play EpsiodeAbout Host
Domination Chronicles Host
Peter d’Errico graduated from Yale Law School in 1968. He was an attorney at Dinébe’iiná Náhiiłna be Agha’diit’ahii, Navajo Legal Services, in Shiprock, 1968-1970.
Steven T. Newcomb (Shawnee/Lenape) has been researching the history of U.S. federal Indian law and policy for four decades.
