Dissent
Associate Justice William Rehnquist was the lone dissenter in this case. Rehnquist felt Congress overstepped the bounds of separation of powers by intruding upon the finality of a judicial decision when it "reviewed a prior decision of an Art. III court, eviscerated the finality of that judgment, and ordered a new trial in a pending case." Rehnquist also disagreed that the initial Court of Claims decision in 1942 was wrong. He endorsed the view that the Sioux already had been adequately compensated for their land. Rehnquist's dissent suggests that it is "quite unfair to judge by the light of "revisionist" historians or the mores of another era actions that were taken under pressure of time more than a century ago."
Read more about this topic: United States V. Sioux Nation Of Indians
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