The Bay Mills Case: An Opportunity for Native Nations

Citation

Seelau, Ryan, and Ian Record. 2014. "The Bay Mills Case: An Opportunity for Native Nations." Indian Country Today Media Network.com, June 24. http://indiancountrytodaymedianetwork.com/2014/06/24/bay-mills-case-opportunity-native-nations.

On May 27, the U.S. Supreme Court finally handed down its decision in the Michigan v. Bay Mills Indian Community case. The good news for Native nations is that the Court upheld the doctrine of tribal sovereign immunity, opting not to carry out any of the doomsday scenarios that we detailed here and here. The bad news is that the doctrine of tribal sovereign immunity remains vulnerable to attack by potential future Supreme Court decisions and/or Congressional action. Fortunately, the durability of this vital tool of tribal sovereignty depends to a significant degree on what Native nations do from this point forward.


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