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#1059976 - 07/05/22 06:29 PM Tribal sovereignty in question after SCOTUS ruling
Flatbrim Pescador Offline
Returning Adult

Registered: 07/13/21
Posts: 408
WA indigenous sovereignty in question after SCOTUS ruling on state-tribal domain

"In a ruling that could have cascading effects on the indigenous tribes of Washington state, the U.S. Supreme Court has held that the federal government and the states have select, concurrent jurisdiction over Indian country, with dissenters arguing that hundreds of years of legal precedent governing the rule of law on tribal lands have been upended.

In 2015, Victor Manuel Castro-Huerta was charged by the State of Oklahoma with child neglect of his Cherokee Indian step-daughter while living in Tulsa. Following a change in federal classification of eastern Oklahoma’s Creek Nation reservation, Castro-Huerta appealed, arguing that only the federal government had the authority to prosecute his case.

In a 5-4 ruling on Oklahoma v. Castro-Huerta, majority opinion author Justice Brett Kavanaugh held that a state can prosecute crimes committed by non-Indians against Indians on reservations, writing “as a matter of state sovereignty, a State has jurisdiction over all of its territory, including Indian country...."

https://mynorthwest.com/3549053/tribal-sovereignty-scotus-ruling/

First Roe v. Wade and now this! Team MAGA just keeps winning! Can the Boldt decision be next? We have this case as precedent plus the fact that the Boldt decision was flawed from the beginning because "in common with" just means "the same as / like / in common with others in the region." Legally "in common with" means you have an undivided interest in the property.

Boldt divided it though, 50/50; but that it not what it means. It doesn't mean one guy in one race gets to gillnet 1000 fish and another guy in another race can maybe recreationaly fish for 1 fish after that first guy fishes. Also it doesn't mean that the first guy gets to also approves if the second guy even get a fishery after he takes his.

Do you agree? Most of the state agrees which is why the people passed an initiative ending "special rights" for Indigenous peoples,but the state refused to enforce it as because we keep losing in federal court. Is now our time boys? Is Boldt on the chopping block next?

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#1059979 - 07/06/22 10:17 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 6722
Loc: Olema,California,Planet Earth
The Supremes are not going to magically review the Boldt Decision. Somebody will need to file a case in a lower court and carry it through the appeals process to the Supremes. The state of WA is never going to do it so some "citizens" will need to do so. That will require time and money.

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#1059980 - 07/06/22 10:56 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Carcassman]
Rivrguy Offline
River Nutrients

Registered: 03/03/09
Posts: 4019
Loc: Somewhere on the planet,I hope
A tribal friend I had years back was fond of saying rule number 1, a tribal member should never ever do anything that would get tribal rights challenged in court. Pretty much the golden rule to this day.
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Dazed and confused.............the fog is closing in

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#1059981 - 07/06/22 11:28 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
OncyT Offline
Returning Adult

Registered: 02/06/08
Posts: 484
Oklahoma v. Castro-Huerta dealt with criminal jurisdiction in Indian Country not the validity or interpretation of the treaties. I doubt that team MAGA is winning anything based on this ruling.

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#1059982 - 07/06/22 12:35 PM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 6722
Loc: Olema,California,Planet Earth
Maybe, maybe not. But in their minds it wouldn't hurt to try.

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#1059984 - 07/07/22 08:31 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
RUNnGUN Offline
Repeat Spawner

Registered: 12/06/07
Posts: 1222
I thought Congress was the only branch of government that could change Boldt. If that's the case, good luck!
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“Smart people only believe half of what they hear. Smarter people know which half to believe”

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#1059985 - 07/07/22 10:47 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 6722
Loc: Olema,California,Planet Earth
Congress is the only branch that can change the treaties. The Courts interpret them.

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#1059986 - 07/07/22 05:58 PM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Carcassman]
DrifterWA Offline
River Nutrients

Registered: 04/25/00
Posts: 4955
Loc: East of Aberdeen, West of Mont...
06/072022

Originally Posted By: Carcassman
The Courts interpret them.


Yea right, and they're not doing a very going job, on recent rulings.....IMO grrrrrrrrrrrrr
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"Worse day sport fishing, still better than the best day working"

"I thought growing older, would take longer"

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#1059994 - 07/10/22 03:24 PM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
GoPro Hero Offline
Smolt

Registered: 06/11/21
Posts: 78
I’ve been reading about these guys and I think they can help overturn the Bolt decision! We should all chip in and get behind them! We are in this together. You are either with us or against us!


https://www.joincca.org/
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#1059995 - 07/11/22 08:23 AM Re: Tribal sovereignty in question after SCOTUS ruling [Re: Flatbrim Pescador]
RUNnGUN Offline
Repeat Spawner

Registered: 12/06/07
Posts: 1222
_________________________
“Smart people only believe half of what they hear. Smarter people know which half to believe”

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