Perspective
Nov. 25, 2015
High court has chance to protect tribal sovereignty
Two Supreme Court decisions have made it tremendously difficult for tribes to uphold the law on their land, but in a case being heard Dec. 7, the court has an opportunity to fix this situation. By Katherine Florey
In 1981, the U.S. Supreme Court decided U.S. v. Montana, 450 U.S. 544 (1981), a case that severely constrained tribes' ability to regulate the activities of nonmembers on reservations. Sixteen years later, in Strate v. A-1 Contractors, 520 U.S. 438 (1997), the court extended Montana's restrictions to limit the jurisdiction of tribal courts. Together, these two cases have made it tremendously difficult for t...
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