"I couldn’t really do it in 800 words, but my ICT editorial necessarily left out several points I still want to make about Carcieri and its impact. Here is the first. Others will follow.

The Carcieri fix will not be an easy sell. Tribal interests have relatively recently “fixed” a Supreme Court decision by asking Congress for help — the so-called Duro fix. But consider how many other “fixes” never got off the ground: (1) Oliphant Fix (numerous incarnations); (2) Seminole Tribe Fix; and (3) Hicks Fix.

Why did the Duro Fix get through while the others did not? First, the only constituency that would have opposed the Duro Fix was nonmember Indians, the most famous (later on) being Russell Means, who traveled from city to city arguing against tribal criminal jurisdiction over nonmember Indians after he got arrested at Navajo. Second, state and local governments had some general interest in limiting tribal criminal jurisdiction (the same as they do with jurisdiction over non-Indians) but the interest is just that — general. And a bit disingenous in a lot of places in the country."

Get the Story:
Carcieri Fix Might Not Be So Easy (Turtle Talk 3/2)

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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