indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Indian Law Online Master Degree
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Supreme Court case impacts homeland security proposal
Tuesday, July 29, 2003

The Bush administration is urging the Supreme Court to affirm the inherent powers of tribal governments in a case with ramifications for homeland security legislation being debated this week.

The Department of Justice wants to overturn a decision that struck down dual tribal and federal prosecution of an American Indian man who committed a crime on a North Dakota reservation. The 8th Circuit Court of Appeals in March held that the Spirit Lake Nation lacked jurisdiction over him because he was a member of another tribe.

In a July 22 brief, government attorneys argue that the ruling conflicts with the 9th Circuit, which affirmed tribal jurisdiction over all American Indians. Unless the Supreme Court steps in and reconciles the decisions, "law enforcement in Indian Country will be significantly undermined," Solicitor General Ted Olson wrote.

At issue is legislation enacted in 1991 that recognizes the sovereign power of tribes to exercise criminal jurisdiction over "all Indians," regardless of membership. Commonly referred to as the "Duro fix," it was named after the Supreme Court's 1990 Duro v. Reina decision, which held that tribes, lacking Congressional or treaty support, have authority only over their own members.

The theory behind Duro fix is the same being applied to legislation that will be debated before a Senate committee tomorrow. Sen. Daniel Inouye (D-Hawaii) has introduced legislation that recognizes tribal sovereign powers over non-Indians.

Many tribal leaders support the bill, in the form of amendments to the Homeland Security Act of 2002, because it would counteract a series of negative Supreme Court decisions that have chipped away at their authority. They say it ensures that Indian Country is prepared for terrorist or biological attacks because tribal governments, as first responders, would have the same powers of local and state governments.

"The exclusion of tribal governments in implementation of a national homeland security strategy places both Indian and non-Indian populations at risk," said National Congress of American Indians (NCAI) President Tex Hall in a statement about the bill.

The Justice brief backs the underpinnings of the Duro fix, which was in the form of an amendment to the Indian Civil Rights Act (ICRA) of 1968. "Nothing in the Constitution," Olson writes, "prevents Congress from prospectively redefining the scope of tribal sovereignty as it did in the ICRA amendment, to include the power to prosecute non-member Indians."

The 9th Circuit isn't the only court to recognize inherent tribal authority. In a decision this past March, the 7th Circuit upheld the criminal jurisdiction of the Menominee Nation, whose federal status was terminated, then later restored, by Congress.

The Supreme Court has given Billy Jo Lara, the defendant in the 8th Circuit case, until August 21 to reply to the Bush administration's petition for writ of certiorari. If accepted, the case would likely be heard next year.

Get the Brief:
Petition: U.S. v. Lara (July 22, 2003)

Relevant Documents:
Docket Sheet: No. 03-107 (Supreme Court) | Tribal Government Amendments to the Homeland Security Act of 2002 (S.578)

Get the Decision:
8th Circuit: U.S. v. Lara (en banc) (March 24, 2003) | U.S. v. Lara (panel) (June 20, 2002)

Related Decision:
7th Circuit: U.S. v. Long (March 20, 2003) | 9th Circuit: U.S. v. Enas (June 29, 2001)

Related Stories:
Tribal jurisdiction faces test before Supreme Court (07/03)
Court rulings on tribal jurisdiction are in conflict (04/16)
Inouye ties sovereignty to homeland security (02/25)
Tribes seek to overturn Supreme Court (2/27)
Native man denied by Supreme Court (01/22)
Court upholds dual tribal, federal prosecutions (7/2)

Copyright 2000-2003 Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Greedy lawyers and government ruin Cobell settlement (8/27)
Native Sun News: Facility in Montana set to house Indian inmates (8/27)
Gerald Gipp: National strategy needed to reform Indian education (8/27)
9th Circuit won't stop repatriation of Kumeyaay Nation ancestors (8/27)
Bill John Baker: Cherokee Nation puts youth to work for summer (8/27)
Gabe Galanda: Academia won't tackle tribal disenrollment issue (8/27)
Misty Lynn Ellingburg: 'Four Winds' is a literary magazine for us (8/27)
Declination rates for Indian Country crime steady for third year (8/27)
DOJ awards grants to address violence in Bakken energy region (8/27)
Another pipeline spills saltwater on reservation in North Dakota (8/27)
Navajo voters oust incumbent president Ben Shelly in primary (8/27)
Three brothers on the ballot for Passamaquoddy Tribe election (8/27)
Daily Beast: Border Patrol runs free on Tohono O'odham Nation (8/27)
KTOO: Cook Inlet Tribe turns to video game to represent culture (8/27)
Former IHS information security officer convicted for child porn (8/27)
Crow Reservation murder defendant to make court appearance (8/27)
9th Circuit sets oral arguments in Big Lagoon Rancheria dispute (8/27)
Forest County Potawatomi Tribe cuts gaming payment to state (8/27)
State raises concerns about Chumash Tribe's casino expansion (8/27)
Cowlitz Tribe sees setback in infrastructure plan for casino site (8/27)
Native Sun News: Tribes take on Air Force over expansion plan (8/26)
Charles Trimble: Pine Ridge -- the Hollywood of Indian Country (8/26)
Doug George-Kanentiio: Iroquois on both sides for War of 1812 (8/26)
Heather Kendall-Miller: GOP candidate a threat to Native rights (8/26)
Fired Oglala Sioux Tribe police officer indicted for taser incident (8/26)
Sen. Jon Tester to hold session on trafficking in Indian Country (8/26)
Hoopa Valley Tribe takes action due to large number of arsons (8/26)
Non-recognized tribe in Texas hails ruling in eagle feather case (8/26)
Jodi Lee Spotted Bear: Supporting Native language immersion (8/26)
Proposal filed for Wampanoag language public charter school (8/26)
Gila River Indian Community mourns loss of first female leader (8/26)
Jose Barreiro: Indigenous leaders hold historic meeting in Cuba (8/26)
Tribes use reservations to restore rare and endangered species (8/26)
Rival factions unite in takeover attempt within Chukchansi Tribe (8/26)
Darlene Miller seeks to be first female Seneca Nation president (8/26)
7th Circuit bars tribal jurisdiction in Indian payday loan dispute (8/26)
Law school in Colorado sets conference on sovereign immunity (8/26)
Mississippi Choctaw family believes same person behind deaths (8/26)
Cherokee Nation to break ground on casino on Indian allotment (8/26)
Stillaguamish Tribe finally secures reservation status for casino (8/26)
Mashantucket Tribe to open retail concourse at casino on Friday (8/26)
Opinion: Predatory gaming companies exploit tribes and patrons (8/26)
Caesars Entertainment debuts $442M urban casino in Baltimore (8/26)
Tim Giago: Farewell to my childhood friend Eugene Long Soldier (8/25)
Mark Trahant: Tapping the power of social media for Native vote (8/25)
Native Sun News: Laguna Pueblo still affected by uranium mine (8/25)
Oliver Semans: Seeing the light on Native voting rights struggle (8/25)
John Hopkins: Navajo Nation Council delegate makes bad choice (8/25)
James Mills: Non-Indian firm helps tribes create stronger nations (8/25)
Navajo voters to narrow field of 17 candidates for president's job (8/25)
Judge Humetewa hands down sentence in Indian child abuse case (8/25)
Scientists publish lengthy book based on study of Kennewick Man (8/25)
Rival tribe spends big in fight over Tohono O'odham Nation casino (8/25)
Eastern Cherokees resist Catawba Nation casino in North Carolina (8/25)
Aquinnah Wampanoag Tribe seeking investors for Class II facility (8/25)
WUWM: Menominee Nation still waiting for off-reservation casino (8/25)
Editorial: Vote on Enterprise Rancheria Class III gaming compact (8/25)
Native Sun News: Indian farmers question Keepseagle attorneys (8/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.