[20031218]RS21691_United States v.Billy Jo Lara and Tribal Sovereignty Over Nonmember Indians.pdf

1 They are mentioned twice, in Article I, 2 and 8. 2 See generally Frank Pommersheim, Is There a Little (or Not so Little) Constitutional CrisisDeveloping in Indian Law?: A Brief Essay, 5 U. Pa. J. Const. L. 271 (January 2003). 3 United States v. Wheeler, 435 U.S. 313, 322-23 (1978).4 Id.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21691December 18, 2003United States v. Billy Jo Lara and TribalSovereignty Over Nonmember IndiansNathan BrooksLegislative AttorneyAmerican Law DivisionSummaryThe Supreme Court will hear oral arguments January 21 in United States v. BillyJo Lara, Docket No. 03-107, a case which presents an opportunity for the Court toresolve a split in the U.S. Circuit Courts of Appeals on the issue of tribal sovereigntyover nonmember Indians. This confusion stems from the aftermath of the Courts rulingin Duro v. Reina, in which the Court held that a tribe has no inherent authority to assertcriminal jurisdiction over Indians who are not members of that tribe. Congressresponded by passing amendments to the Indian Civil Rights Act effectively overturningthe Supreme Courts interpretation of inherent tri