Law | Opinion

Matthew Fletcher: Takeaways from Supreme Court's new decision





A view of the U.S. Supreme Court. Photo by Indianz.Com

Professor Matthew Fletcher of Turtle Talk analyzes the U.S. Supreme Court decision in US v. Bryant, an Indian Country domestic violence case:
A few takeaways:

1. Remarkable that the Court heaps some of the blame on states for failure to prosecute DV offenses in Indian country, citing to the now-mammoth studies supporting what people in PL280 states have been saying for more than a half-century.

2. We all know it’s coming — the constitutional challenge to VAWA’s tribal jurisdictional provisions.

3. As is true most of the time, the Court does not acknowledge the disconnect between the terrible rates of crime in Indian country with the lack of effective law enforcement in Indian country, a reality created by Congress and made worse by the Court itself over the decades.

Let’s hope that statement applies to non-Indians, too.

4. Tribes start funding those criminal defender offices!!!!!

Indian country talks about taking care of kids and talks about changing the criminal justice system into a system of restorative justice, well, this doesn’t look it it to me.

Get the Story:
Matthew L.M. Fletcher: Takeaways from the Bryant Decision (Turtle Talk 6/14)

Supreme Court Decision:
US v. Bryant (June 13, 2016)

Supreme Court Documents:
Oral Argument Transcript | Docket Sheet No. 15-420: US v. Bryant | Question Presented

8th Circuit Decisions:
US v Harlan (February 16, 2016)
US v. Cavanaugh (July 6, 2011)

9th Circuit Decisions:
US v. Bryant (July 6, 2015)
US v. Bryant (September 30, 2014)

10th Circuit Decision:
US v. Shavanaux (July 26, 2011)

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