November 2023
"The impact of the decision in Lac may extend beyond Bankruptcy Law and may be used to support challenges to tribal sovereignty and immunity across the board . . . The division of the Court here, as in Haaland v. Brackeen, reflect that the conversation is far from over."
Reneau J. Longoria
Major Rulings in Indian Law
During each U.S. Supreme Court term, there are always the “must watch” cases. One cannot easily predict the outcome of these cases - certain opinions are in line with precedent, honoring the doctrine of stare decisis, while others carve new paths and shift landscapes. The2022-2023 term included three cases that both positively and negatively impact tribes across Indian Country.
The U.S. Supreme Court decision in Haaland v. Brackeen surprised many by entirely upholding the constitutionality of the Indian Child Welfare Act and the sovereignty of tribes. The court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin diminished tribal sovereign immunity as it pertains to the U.S. Bankruptcy Code. In Arizona v. Navajo Nation, the Supreme Court held that the Navajo Nation could not protect its treaty-based water rights through a breach of trust claim against the federal government.
Attorney Longoria collaborated with Attorney Sara Crawford and Attorney Heather Whiteman Runs Him in an article analyzing these decisions published in recent issue of Montana Lawyer.
To read the full article, please click the link below.
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