Over the past 50 years, Congress and the U.S. Supreme Court have increasingly diverged in how they view the laws that relate to Indian tribes. Congress has passed significant legislation that expands tribal governments’ sovereignty and control over their land, while the Supreme Court has ignored and reversed long-standing principles of federal Indian law that protected tribal sovereignty and prevented the states from exercising authority in Indian country.
This trend at the court was seen most recently in a ruling from late June, which, as one longtime court observer put it, wiped away “centuries of tradition and practice.” Justice Neil Gorsuch scorned the ruling in his dissent: “Truly, a more ahistorical and mistaken statement of Indian law would be hard to fathom.”
