Matthew L.M. Fletcher

The Attack on Talton v. Mayes During the Navajo Peyote Ban Case

March 26, 2024Matthew L.M. Fletcher

Arthur Lazarus, the general counsel of the Association on American Indian Affairs (and the drafter of the original bill that became the Indian Child Welfare Act), filed amicus briefs in a suit by a Navajo tribal citizen challenging the power of the Secretary of the Interior to approve the Navajo Tribal Council’s ban on peyote use by the Native America Church. The case was filed as Oliver v. Seaton (D.D.C.):

The challenge really was against the Navajo ban, but Mr. Oliver challenged the Secretary’s approval of the ban, alleging that the approval violated the Exercise Clause. An important aspect of the AAIA’s amicus brief was that Talton v. Mayes, which seemingly held the federal Constitution did not regulate tribal power, did not govern the violation of “fundamental rights.”

There’s an interesting effort to compare tribal nations to the American territories here. We know from cases as recent as Puerto Rico v. Sanchez-Valle regarding Puerto Rico’s sovereignty that tribal sovereignty is more robust that Lazarus credits here. Note the conclusion, invoking the axiom that the “Constitution . . . follows the flag,” usually invoked in war crimes commission law like in the Guantanamo Bay cases.

Needless to say, the Navajo Nation was upset that the AAIA threw its support behind the Native American Church and not the tribe.

Mr. Oliver ultimately did not prevail. See Oliver v. Udall, 306 F.2d 819 (D.C. Cir. 1962).

National Wildlife Foundation Seeks Tribal Law Director

March 25, 2024Matthew L.M. Fletcher

Here.

From the description:

Working closely with the Vice President and the Senior Director of Tribal Partnerships and Policy, the Director, Tribal Law is primarily responsible for leading and collaborating with NWF staff on national policy issues involving Tribal and Indigenous priorities and providing expertise and associated actions on Federal Indian Law and Policy, including improving existing and crafting new policy with a focus on inclusion, equity, and justice as well as NWF’s core values for Tribal and Indigenous partnerships.

The Director, Tribal Law will model the principles and values of NWF’s Tribal and Indigenous Partnerships Enhancement Strategy (TIPES) and Free, Prior and Informed Consent (FPIC). This position will forge authentic relationships and partnerships across the country to support Tribal Sovereignty; advance Indigenous policy priorities; and work directly with Tribes and Indigenous Peoples to uplift their voices.

U of Arizona Seeking Asst. Vice Provost — Native American Initiatives

March 25, 2024March 25, 2024Matthew L.M. Fletcher

Here.

From the description:

The Office of the Provost at the University of Arizona invites applications and nominations for the position of Assistant Vice Provost, Native American Initiatives. Ranked among the top 50 of all public universities in the nation according to U.S. News and World Report, UArizona is the state’s land-grant university, a federally recognized Hispanic Serving Institution and a member of the prestigious Association of American Universities (AAU). Located on the traditional homelands of the Tohono O’odham and Pascua Yaqui Tribes, the University of Arizona is committed to sustaining partnerships with all 22 sovereign Native Nations across the state of Arizona. The University of Arizona acknowledges the sovereignty status of Native Nations and is driven to support self-determination efforts through its Native partnerships and initiatives. The Assistant Vice Provost, Native American Initiatives will establish a vision, set goals, and enhance the university infrastructure to foster a culturally responsive and inclusive campus environment in accordance with the Native American Initiatives 2022-2027 Strategic Plan.