The Supreme Court’s Confused Decision in Haaland v. Brackeen
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
The Constitution’s rules for relations with Indian tribes: part II
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
The Supreme Court’s recent—and sweeping—Indian Law cases: part I
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court
The Constitution does not give Congress authority to regulate the adoption of children.
