Got this in an e-mail I will try and get video posted later today :
Supreme Court redirect on tribal sovereignty?
A shift in Supreme Court rulings was the theme of CERA’s workshop on Federal Indian Policy held late October in Shwano, Wisconsin. They showed how Court rulings have strengthened State sovereignty, while limiting Executive Branch authority, fee-to-trust, and the expansion of “Indian country.”
President Nixon’s Indian policy led to unlimited expansion of federal power to define federal Indian policy—and bypass Congress in the process! His Indian policies were bolstered by the 1974 Supreme Court decision Morton v Mancari. It ruled that federal race-based preferential treatment of tribes was not discriminatory because tribes were a “political entity,” and not a racial distinction.
That could change if the Supreme Court reviews Corboy v. Louie. If the Court’s shift prevails, it could overturn Morton v Mancari and rule that preferential treatment of Indian tribes violates the equal protection clause of the Civil Rights Act. Such preferences would likely face legal action to end or even reverse them.
The CERA presentation was brought to the State Capitol in Madison the next day for the benefit of Wisconsin legislators. However, word got out and most RSVPs were tribal attorneys from Minnesota. The workshop was aired on Wisconsin Eye, a public affairs television network.