"Regardless of which side of the abortion issue one is on, there are some factual matters that must be considered.

Oglala Sioux Tribal President Cecelia Fire Thunder is proposing a reservation-based abortion clinic should South Dakota's HB1215 anti-abortion law become effective. Cecelia correctly states that tribal sovereignty would make the reservation exempt from state law banning most abortions, at least directly. In her latest press release (Journal, April 1) she states that she has consulted attorneys about the clinic and that she is embarking on a fund-raising campaign.

I wonder if the consulting attorneys took time to research tribal law on the subject. The tribe's Juvenile Code describes unborn children as "a child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests and welfare to be protected in the event of its subsequent birth" (Chapter 5, Juvenile Code, Section 1.05). That definition and its implications could present a problem to supporters of the proposed abortion clinic.

But that's not all.

While the tribe is immune from the application of state law directly, there is a federal law which makes state criminal prohibitions applicable to Indian reservations. The federal Assimilative Crimes Act incorporates the substantive law of state prohibitory laws and applies them to the reservation as federal laws. The ACA is rarely used these days, but the statute is still in the books and could conceivably subject reservation abortionists to federal prosecution for violating the substantive law of the state. State jurisdiction is not involved."

Get the Story:
Patrick Lee: Check tribal law on clinic (The Rapid City Journal 4/8)

Relevant Links:
Oglala Sioux Tribe - http://www.lakotamall.com/oglalasiouxtribe

Related Stories:
Column: Fire Thunder, strong woman on the plains (4/6)
Fire Thunder plans women's clinic on reservation (3/31)
Opinion: Oglala Sioux to massacre their children (3/29)
Fire Thunder vows fight for women's health rights (3/28)
Fire Thunder joins fight against state abortion law (3/27)
Fire Thunder creates stir with abortion law comments (3/24)
Giago: Oglala Sioux president on state abortion law (03/21)
Fire Thunder reinstated as Oglala Sioux president (01/09)
Fire Thunder removal hearing delayed a second time (12/20)
Opinion: The life story of Cecilia Fire Thunder (12/19)
Fire Thunder removal hearing delayed a week (12/13)
Oglala Sioux president confident of future (10/31)
Pine Ridge president suspended by council (10/26)
Fire Thunder: 'At times I feel like George Bush' (10/21)
Pine Ridge president disputes latest complaint (10/18)
Pine Ridge president faces another complaint (10/17)
Oglala Lakota College assumes control of Head Start (09/20)
Cecelia Fire Thunder survives suspension complaint (07/01)
Oglala Sioux Tribe secures $38M loan from tribe (06/20)
Hearing into Fire Thunder suspension delayed (6/14)
Fire Thunder defends record in advance of hearing (6/10)
Hearing set on suspension of Oglala Sioux president (6/8)
Oglala Sioux Tribe president has not been suspended (6/3)
Means loses lawsuit against Oglala Sioux election (03/09)
Oglala Sioux Tribe inaugurates Cecilia Fire Thunder (12/13)
Russell Means sues after losing Pine Ridge election (12/03)
Pressure is on Fire Thunder as Pine Ridge president (11/15)
Fire Thunder credits women for Pine Ridge victory (11/08)
Fire Thunder calls election at Pine Ridge symbolic (11/4)
Cecilia Fire Thunder declared winner at Pine Ridge (11/3)
Harjo: Pine Ridge election about character (10/29)
Russell Means arrested for missing court date (10/25)
Pine Ridge Election: Profile of Russell Means (10/22)
Pine Ridge Election: Profile of Cecilia Fire Thunder (10/21)
Russell Means, Fire Thunder to debate in Pine Ridge (10/18)
AIM leader, nurse face off in Pine Ridge election (10/8)
Russell Means top vote-getter in Pine Ridge primary (10/7)
Means says South Dakota GOP needs to do more (8/9)