Posted on May 12, 2020
Noem made ’180’ on state’s stance on checkpoints, lawmaker says
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According to a Republican State Senator, last week Governor Kristi Noem said that she could not do anything about the Cheyenne River Sioux putting up COVID-19 checkpoints at the boundaries to their reservation, stating it was a federal issue. Now she has reversed course and is threatening legal action against the tribe.
Noem made ’180’ on state’s stance on checkpoints, lawmaker says
Posted from rapidcityjournal.com
Native Americans
Law
Coronavirus COVID19
Posted 4 y ago
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To bad she's wrong and if she does it will cost the state millions in a lawsuit.
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I don't believe she has the power to interfere with how a sovereign nation protects itself during a pandemic.
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Capt Gregory Prickett
She doesn't. The Fort Laramie Treaty of 1868 provides in article 16 that non-Indians cannot enter the reservation without the consent of the tribe. And the Supreme Court has already stated that:
"Nonmembers who lawfully enter tribal lands remain subject to the tribe's power to exclude them. This power necessarily includes the lesser power to place conditions on entry, on continued presence, or on reservation conduct. . . ." Merrion v. Jicarilla Apache Tribe Amoco Production Company v. Jicarilla Apache Indian Tribe, 455 U.S. 130, 144 (1981).
If Noem goes to court, she'll lose.
"Nonmembers who lawfully enter tribal lands remain subject to the tribe's power to exclude them. This power necessarily includes the lesser power to place conditions on entry, on continued presence, or on reservation conduct. . . ." Merrion v. Jicarilla Apache Tribe Amoco Production Company v. Jicarilla Apache Indian Tribe, 455 U.S. 130, 144 (1981).
If Noem goes to court, she'll lose.
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PFC Nicholas Efstathiou
Capt Gregory Prickett Fantastic information, sir, thank you for sharing it. I'm happy the Native Americans have the treaty and the political weight it lenders to their argument.
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By that it makes me feel, And I fail to see that she is doing anything to help people thru these trying times but harass.
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