Friday, November 20, 2009



SCOTUS: Redskins can keep team name

We read:
"A group of native Americans have lost their bid to force the Washington Redskins pro football team to change its name because they consider it to be a racial slur. On Monday, the US Supreme Court, in a one-line ruling, refused to take up the case.

The action lets stand a decision by a federal appeals court in Washington that the native Americans had waited too long to bring their challenge to the Redskins trademark, and thus forfeited any right to sue.”

Source

7 comments:

Ryan said...

John J.-
I love you blog and your analysis. This website is a regular destination for me, but I must disagree with you on something here. The supreme Court really didn't have a "ruling;" they just declined certiorari (that is, they declined to even hear the case). Of course, there is no practical difference, but it could be important down the road because there is no precedent set here. Future cases cannot use the Supreme Court decision not to hear the case as evidence that the law should be interpreted in any particular way.

Like I said, no practical difference, but just something I noticed when I read your post. Keep up the great work.

Anonymous said...

As I read the rulings by the initial judge and the rest the truth is that the courts have used slight of hand to AVOID an actual ruling on the matter. By basing it on the age of the plaintiffs v.s. the time they filed all they have done so far is made it possible for a different set of plaintiffs of the "right age" to file the exact same case again.

I see no ruling in favor of the Redskins keeping their name, only judicial cowardice in avoiding the true issue in this case.

Anonymous said...

The Native Americans lost. They need to get over it.

Stan B said...

Anon 1:17AM

If you watch appellate rulings, you will find that MOST of them focus on the technical issues of the case, not the underlying "issues" that most of us wish they did.

The Appellate system is in place to make sure that the technicalities are followed - lest some ruling later be invalidated because of some trivial issue.

It is not cowardice. It is their job.

Anonymous said...

When will people learn that the various team names that in some way refer to American Indians is an homage, to those who they refer. What a more fitting sign of respect and support than to honor a group by making such a reference so common place. Sounds like nothing more than yet another minority group playing the race card to grab some cash.

Anonymous said...

Some Native Americans at the University of Northern Colorado came up with this brilliant idea a few years ago in response to the Native American mascot crap but it blew up in their face by making them a ton of money rather than offending whites. Personally I like the hick t-shirt ;)

Store:
http://www.cafepress.com/fightinwhite/

Wiki:
http://en.wikipedia.org/wiki/Fighting_Whites

Anonymous said...

They would have won had they told the court they were muslims.