Commentary: On trust Supreme Court loses its soul

FROM THE ARCHIVE

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THURSDAY, MARCH 20, 2003

"For hawks and doves alike, the next few months are likely to define with fearful clarity what the United States now stands for in the world, and to determine how much of a moral compass this nation now possesses.

This large question looming on the horizon of foreign affairs led me to think about a relatively small and unremarked case that the Supreme Court decided two weeks ago, United States v. Navajo Nation.

The holding of the case, which involves an interpretation of the Indian Mineral Leasing Act, appears anything but profound on first glance. But on reflection, it suggests that the Court - including several of the more "liberal" justices - has retreated into a brittle formalism and hyper technicalism that allows no room for moral judgment.

Thus, a burning question at the Court - as on the battle front - is whether the democratic experiment that is the United States, is in danger of losing its soul."

Get the Story:
Edward Lazarus: The Supreme Court's Recent Navajo Nation Decision: Ignoring Longstanding Fiduciary Duties to Tribes (Findlaw.com 3/20)

Navajo Nation Decision:
Excerpts | Syllabus | Opinion [Ginsburg] | Dissent [Souter]

Relevant Links:
Navajo Nation - http://www.navajo.org