Supreme Court refuses challenge to Meskwaki Tribe's jurisdiction

Tuesday, January 18, 2011  

The U.S. Supreme Court today declined a petition in APIS v. Sac and Fox Tribe, a tribal court jurisdiction case.

Generally, tribes lack jurisdiction over non-Indians and non-Indian entities. But the U.S. Supreme Court decision in Montana v. US sets out two exceptions to the rule.

In the case, the 8th Circuit Court of Appeals ruled that the Meskwaki Tribe can assert jurisdiction over Attorney's Process and Investigation Services because the security company directly "threatened" the health, welfare and economic security of the tribe. That satisfied one of the Montana exceptions.

The company filed a petition with the Supreme Court but the justices today declined it without comment. "There probably isn’t a better fact pattern for a Montana 2 “political integrity” exception to Montana’s general rule," Turtle Talk said in a post.

8th Circuit Decision:
APIS v. Sac and Fox Tribe (July 7, 2010)

8th Circuit backs Meskwaki jurisdiction over non-Indian business (7/8)