April Youpee-Roll. Photo from Facebook
April Youpee-Roll, a member of the Fort Peck Tribes, went to the U.S. Supreme Court when she was 10 years old to hear arguments in her grandfather's case, Babbitt v. Youpee. She shares her encounter with the late Justice Antonin Scalia years later in underscoring the impact of the nation's highest court in Indian Country:
When my grandfather died without a will, a federal law resulted in some of his land reverting to the tribe instead of passing to his heirs. That's unconstitutional. It's a violation of the takings clause of the Fifth Amendment. Simple enough, but maybe a little advanced for fifth grade social studies. What did stick with me was respect for the institution. I thought that those nine justices must be omnipotent, the smartest of the smart. Not only had they taken our case, they'd found in our favor. To a 10-year-old, that was enough to consider the Supreme Court my friend. Twelve years later, I was working in Washington, D.C., when I met Justice Antonin Scalia. He was giving a lecture and signing copies of his new book; I was on the fence about whether or not to attend. Instead of flipping a coin, I decided Scalia's vote in my family's case would make the decision for me. If he'd come down on our side, I'd go. It turns out that our case was an 8-1 decision, and Justice Stevens—not Scalia—was the lone dissenter. So, I went. As I handed over my book, I decided to go with, "I just wanted to thank you. When I was 10, I came to watch oral arguments in my family's case, and you joined the majority in our favor." Justice Scalia looked up at me and smiled, "What was the case?" "Babbitt v. Youpee. It was in 1997." He paused and I prepared to be ushered along in line. "That was a takings case, right?" I nodded, more than a little surprised at his memory. He signed my book, and as he handed it back to me, he said something I'll never forget: "You know, when it comes to Indian law, most of the time we're just making it up."Get the Story:
April Youpee-Roll: Just making it up: On Justice Scalia, Indian law and the Supreme Court's future (The Missoula News 2/18)
Join the Conversation
Related Stories:Peter d'Errico: Justice Antonin Scalia scorned tribal sovereignty (2/18)
Linda Greenhouse: A chance to reset a partisan Supreme Court (2/18)
President Obama affirms intent to fill vacancy on Supreme Court (2/17)
David Wilkins: Justice Antonin Scalia leaves an anti-tribal record (2/17)
Stakes raised as Supreme Court weighs domestic violence case (2/16) Appeals court backs tougher sentence in domestic violence case (2/16)
Steve Russell: Justice Antonin Scalia was wrong about Indian law (2/15)
Justice Antonin Scalia dies with Indian law cases on the docket (2/13)
John Lavelle: Supreme Court weighs key tribal sovereignty issue (02/10)
Supreme Court declines NAGPRA case affecting Kumeyaay Nation (01/25)
Menominee Nation loses contract support costs case at Supreme Court (01/25)
Supreme Court hears Omaha Tribe reservation boundary dispute (01/20)
Ex-US Attorney welcomes review of domestic violence case (12/17)
Supreme Court agrees to review yet another Indian law dispute (12/14)
Native women rally at Supreme Court for key tribal jurisdiction case (12/07)
Native women schedule Quilt Walk for Justice at Supreme Court (12/01)
Native women to rally at Supreme Court for upcoming case (11/11)
DOJ to help with arguments in Supreme Court jurisdiction case (11/09)
Native women defend tribal jurisdiction in Supreme Court case (10/26)
Tribes urged to bring states on board for Supreme Court case (10/20)
Cheyenne & Arapaho Tribal Tribune: Supreme Court case tests tribal jurisdiction (10/14)
Supreme Court schedules oral arguments in two Indian law cases (10/12)
States oppose tribal jurisdiction in upcoming Supreme Court case (10/07)
Supreme Court rejects petitions in four more Indian law cases (10/05)
Supreme Court agrees to hear Omaha Reservation boundary case (10/02)
Supreme Court considers petitions in slew of Indian law cases (09/22)
Bryan Newland: The racist foundation of Supreme Court rulings (09/08)
Supreme Court agrees to hear first tribal jurisdiction case in years (06/15)
Supreme Court needs more time to review tribal jurisdiction case (6/8)
SCOTUSBlog: DOJ urges denial of petition in tribal court dispute (05/20)
DOJ files brief in tribal jurisdiction case before Supreme Court (5/14)
Updates from National Congress of American Indians DC meeting (2/27)
Updates from National Congress of American Indians winter session (2/26)
Supreme Court asks DOJ for views in Mississippi Choctaw case (10/06)
