EFC,
I agree with what you've written  here.  I'd add this.  It's a terribly dangerous slope to step out onto when we try to judge a matter based on emotion, instead of the law.   Sure, I understand the desire of many to somehow share in the mindset of the Indian nations.   Yet, I can't help but wonder how so many who feel this way would feel if it were THEIR lands that were being threatened, by trespassers who felt they had a right to the property.   It's really easy to rely on an emotion response when the law is not on your side. 

Ultimately, we are a nation of law.  The lay may be imperfect, flawed, etc.  It may even be unjust at times.  But if we don't have the law, what DO we have?  History tells us the answer to that question is violence, "takings by force," and the emergence of a powerful few.    

There is no shortage of resources by the Tribes to fight these cases in court.  It's a choice they make.  That they don't like the outcome of their choice....  (see next post)