The U.S. Supreme Court's decision to overturn the Duro v. Reina case could lead to tribal jurisdiction over non-Indians, the lawyer who handled the Lara case says.
Attorney Alexander Reichert says a homeland security bill by Sen. Daniel Inouye (D-Hawaii) to authorize tribal arrests of non-Indians poses constitutional problems. "It's really sort of a scary idea, considering many tribes have ... laws that are substantially different from those of the state," he told the Associated Press.
The bill is currently stuck in the Senate Indian Affairs Committee. It is based on the idea that Congress can recognize the inherent powers of tribal government. On the issue of tribal jurisdiction over Indians regardless of tribal membership, the Supreme Court yesterday upheld that concept, clearing the way for federal prosecution of an Indian man who was already tried and convicted in tribal court for the same offense.
Get the Story:
Supreme Court allows federal prosecution after tribal conviction
(AP 4/20)
Court Upholds Tribal Power It Once Denied (The New York Times 4/20)
pwnyt
1 Punch, 2 Prosecutions, No Double Jeopardy, Justices Rule (The New York Times 4/19)
pwnyt
Get the Decision:
Syllabus
| Opinion
[Breyer] | Concurrence
[Stevens] | Concurrence
[Kennedy | Concurrence
[Thomas] | Dissent
[Souter]
Relevant Documents:
Docket
Sheet: No. 03-107 (Supreme Court) | Briefs: U.S. v.
Lara (NCAI/NARF Supreme Court Project)
Lower Court Decision:
8th Circuit: U.S. v. Lara (en
banc) (March 24, 2003) | U.S. v. Lara (panel) (June 20,
2002)
Related Decisions:
9th
Circuit: U.S. v. Enas (June 29, 2001) | 7th Circuit: U.S. v. Long (March
20, 2003)
Related Stories:
Supreme Court
hears tribal powers case (01/22)
Supreme Court case on jurisdiction attracts
attention (01/08)
Bill's tribal
jurisdiction provisions contested (07/31)
Tribes air homeland security concerns
(7/30)
DOJ's Supreme Court brief
backs sovereignty (7/30)
Tribal jurisdiction faces test before
Supreme Court (07/03)
Homeland security push leaves
tribes behind (05/12)
Inouye ties sovereignty to homeland
security (02/25)
Native
youth victimization outpaces nation (07/17)
Natives top violent crime list
again (4/8)
One in 10 hate
crimes target American Indians (10/1)
DOJ: American Indians highest injured
(6/25)
DOJ: Violent crime
plagues Indian Country (3/19)
Violence in Indian Country (6/15)
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