The Law of American Indians Posts

Divided court rejects Texas’ bid to control gambling in tribal casinos

The U.S. Supreme Court decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that reside there. The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century

The Aftermath of McGirt v. Oklahoma

A Wall Street Journal article explores the aftermath of McGirt v. Oklahoma, a U.S. Supreme Court case that ruled a large part of eastern Oklahoma as a Native American reservation.

Is the Court of Indian Offenses of Ute Mountain Ute Agency a Federal Agency for Purposes of the Fifth Amendment’s Double Jeopardy Clause? (Denezpi v. United States, Docket 20-7622)

This case examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.

Supreme Court to Review ICWA Case

The Supreme Court of the United States has agreed to hear Texas v. Haaland, a case seeking to overturn the Indian Child Welfare Act.

The Penobscot River and Claims Against Military Subcontractors

In Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision of the U.S. Court of Appeals for the 1st Circuit concerning authority over the Penobscot River in Maine. Both petitions detail the history of relationships between the Penobscot Nation and various governments, from Massachusetts colonists to the Maine Indian Claims Settlement Act and the Maine Implementing Act in the 1970s.

Persisting Sovereignties

This article explores two consequences of tribes’ status as “states” and “nations” under international law during the early Republic.