Now we move on to the Category 2 quarterfinals.
#1 Indian Child Welfare Act v. #9 Indian country voting rights
The litigation and public policy juggernaut that is ICWA defeated federal Indian preemption(the previous generation’s juggernaut) with 64 percent of the vote. Indian country voting rights prevailed over Rule 19 with 62 percent of the vote. Where my Rule 19 peeps?
This one is an old-fashioned clash of civil rights.
#4 Indian gaming v. #5 Intra-tribal disputes
Indian gaming beat out internet gaming, barely, with only 90 percent of the vote. In a battle of bad news, intra-tribal disputes knocked out human trafficking with 2/3 of the vote.
Great match-up here. Can we have one without the other? Well, looking back at the ICRA cases of the 1970s, I’d say we don’t need much to generate intra-tribal disputes, heh heh.
#2 Tribal sovereign immunity v. #7 American Indian education
Sovereign immunity beat out alternative energy with 92 percent of the vote. Did it use a sword or a shield? Education, we all need, won with 63 percent; climate change, we don’t need it, was a no-show.
Which came first, immunity or the knowledge that sovereigns are immune? Bill Wood knows, I bet.
#3 VAWA v. #6 Tribal court exhaustion
VAWA took three-quarters of the vote from criminal sentencing. Can’t sentence without convicting first, right?Tribal court exhaustion won almost as easily, with 72 percent of the vote over the new general welfare legislation. Ironically, tribal court exhaustion is all about adjudicating even without jurisdiction. Now I’m confused.