"The Turtle Mountain Band of Chippewa’s tribal council wobbled out on a limb to pass a resolution that bans abortions on their reservation. “Under no circumstances,” their resolution reads, “will abortions be performed and allowed.”
But the council’s on a branch that could easily snap.
When tribal governments pass resolutions such as this one — resolutions that run counter to the U.S. Constitution — those government leaders tend to be depicted as neophytes who are less than knowledgeable of federal laws that all citizens, including tribal members, must abide by. In other words, the resolutions make the tribal councils look bad and give the appearance of poor government.
The Turtle Mountain Band is a North Dakota tribe with a small land base and an enrollment of more than 30,000 members. The reservation borders Canada.
Here is the ruling that the tribe is up against: The 1973 Supreme Court ruling Roe v. Wade overturned all state and federal laws outlawing or restricting abortions. Further, it declares that a woman can have an abortion up until a fetus becomes viable, meaning the point where it could live outside the mother’s womb.
That ruling is constitutional law unless and until it’s changed."
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