Last month, the Bush administration appealed a case to the Supreme Court questioning the criminal jurisdiction of the Spirit Lake Nation of North Dakota. At issue is whether or not tribes have authority over non-members. The 8th Circuit Court of Appeals declared in March that since tribal jurisdiction comes from Congress and not tribal sovereignty, Native Americans could not face both tribal and federal prosecution, as it would put them in double jeopardy. However, 1991’s “duro fix” statute, which guarantees inherent tribal sovereignty, stipulates that tribes have authority over all American Indians and Native Alaskans. Tribes throughout the country hope that the court will uphold the “dur o fix,” thus reaffirming tribal sovereignty.
