Document Type
Article
Publication Date
January 2021
Keywords
tribal checkpoints, South Dakota, Kristi Noem, federal common law, Montana v. US, tribal sovereignty, pandemic, Covid, COVID-19, public health
Disciplines
Civil Rights and Discrimination | Conflict of Laws | Health Law and Policy | Indigenous, Indian, and Aboriginal Law | International Public Health | Jurisdiction | Other Public Health | Public Health | Public Law and Legal Theory
Abstract
This essay examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb the pandemic may enact stronger protections for their own citizens and territories. May they do so, even when enforcement of these protections causes inconvenience to those simply passing through the reservations and when the regulations affect non-member residents of the reservations? Based on Supreme Court case law, the answer is yes—tribes are within their rights in adopting and enforcing regulations designed to protect their citizens and other reservation residents from a public health emergency.
Publication Title
University of Chicago Legal Forum
Recommended Citation
Ann E. Tweedy, The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19, 2021 U. Chicago Legal F. 233 (2021), https://legal-forum.uchicago.edu/sites/legal-forum.uchicago.edu/files/Tweedy_233_275.pdf
Included in
Civil Rights and Discrimination Commons, Conflict of Laws Commons, Health Law and Policy Commons, Indigenous, Indian, and Aboriginal Law Commons, International Public Health Commons, Jurisdiction Commons, Other Public Health Commons, Public Law and Legal Theory Commons