After labeling the Indian Civil Right Act a "quirk" in federal law, the Wall Street Journal has found another one: tribal sovereign immunity.
The paper runs a page one story about the inability of people to sue tribal governments without the tribe's consent. Several people with claims against tribes don't feel comfortable with the tribal court system or would rather go through the state or federal system.
"You try the case in front of a judge who is picked by the tribe," says Stephen Embry, a Connecticut Attorney and past president of the Workers Injury and Law Advocacy Group. The paper says sucks conflicts of interest wouldn't be allowed in federal or state courts.
Tribal governments have immunity as an inherent attribute of their sovereignty. The U.S. Supreme Court has ruled that tribes cannot be sued without their consent or without an explicit waiver from Congress.
Get the Story:Plaintiffs Suing U.S. Tribes Can't Get Their Day in Court (The Wall Street Journal 10/12)
Tribal Justice Systems, U.S. Courts Often at Odds (The Wall Street Journal 10/12) Related Stories:
Joe Garcia: Tribal justice systems not a 'quirk' (2/12)
WSJ: Indian Civil Rights Act a little-known 'quirk' (2/1)
