Alex Tallchief Skibine has published “Using the New Equal Protection to Challenge Federal Control over Tribal Lands” in the Public Land and Resources Law Review.
Here is an excerpt of the conclusion of the article:
Indian tribes and their members are probably the only people who are subject to federal restrictions on the management of their own lands because of their status. While the law prevented Indians from successfully challenging these restrictions on equal protection grounds, recent development in equal protection jurisprudence has opened new possibilities. This article [argues] that while congressional restrictions imposed on Indians pursuant to the Indian Commerce Clause do not create racial classifications, these laws can be successfully challenged on equal protection grounds alleging that they were either enacted pursuant to unconstitutional animus or are not rationally tied to the true congressional purpose behind the legislation.