Native women and their supporters rallied at the U.S. Supreme Court on December 7, 2015, as the justices heard Dollar General Corporation v. Mississippi Band of Choctaw Indians, a tribal jurisdiction case. Photo by Indianz.Com
Professor Matthew Fletcher of Turtle Talk reviews the Indian law record of Justice Antonin Scalia, who served U.S. Supreme Court from September 1986 until his death last week:
Justice Scalia’s death allows us to reflect on his Indian law record. If you were an Indian person or an Indian tribe as a party in a Supreme Court matter, it was very unlikely you would have his vote, although he did on occasion surprise. Overall, during Justice Scalia’s tenure on the Supreme Court (his first case was Iowa Mutual), tribal interests prevailed in 21.4 percent — 12 wins, 44 losses, and 8 split decisions or no decisions. Justice Scalia voted in favor of tribal interests 16.2 percent of the time — I count 8 1/2 votes in favor, and 52 1/2 votes against. Justice Scalia authored five majority opinions — all of them defeats for tribal interests — and he wrote three dissenting opinions — two of them favoring tribal interests.Get the Story:
Matthew Fletcher: Justice Scalia’s Indian Law Record (Turtle Talk 2/17)
Matthew Fletcher Addendum to Justice Scalia’s Record (Turtle Talk 2/17)
Join the Conversation
Related Stories:President Obama reaffirms 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)