South Dakota Federal Court Holds Parental Kidnapping Prevention Act Does Not Apply to Indian Tribes

Here are the materials in Nygaard v. Taylor (D.S.D.):

Frank Pommersheim’s NAICJA Keynote

Frank Pommersheim asked us to post his keynote speech from this year’s NAICJA conference, “An Emeritus Prose Podcast: The Pandemic Checkpoints of the Cheyenne River Sioux Tribe: A Teaching Essay.”

Here it is:

The Pandemic Checkpoints of the Cheyenne River Sioux Tribe

An excerpt:

In the Spring of 2020, the Cheyenne River Sioux Tribe (CRST) began implementing a series of limited vehicle checkpoints within the boundaries of the reservation as part of its comprehensive public health response1 to limit the spread of COVID-19. One of the checkpoints was located on a state highway running through the Reservation. There was an immediate uproar in South Dakota. Many people, both Native and non-Native, contacted me and asked, ‘Frank, can the Tribe really do this?’ My answer was ‘yes.’
As the questions about this Tribal public health initiative became increasingly heated, the merits of the health policy were increasingly subsumed in political rhetoric concerning the ‘rights’ of non-Natives and the authority of the state to quash the Tribe’s efforts. The calls kept coming. My answer of ‘yes’ remained the same. Yet the supporting legal analysis was not so easily summarized. No (federal) statute or Supreme Court case unequivocally said yes or no. The answer of ‘yes’ required a careful exegesis of both Supreme Court precedent and the law of the CRST.

Mount Rushmore Fireworks Suit Materials (so far)

Here are the materials in Noem v. Haaland (D.S.D.):

1 Complaint

3-1 Motion for PI

31 Cheyenne River Sioux Tribe Motion to Intervene

32 Noem Opposition

33 Tribe Reply

34 US Response to 3-1

37 Tribe Response to 3-1

43 DCt Order Granting Tribe Intervention

49 State Reply in Support of 3-1

Feds Foreclose on Cheyenne River Sioux Tribe Borrowers under Indian Loan Guarantee and Insurance Program

Here are the materials in United States v. Hump (D.S.D.):

1 Complaint

11 US Motion for Summary J

16 Opposition

18 Reply

19 Opposition

20 Reply

21 DCT Order

Federal Court Holds Tribe Cannot Unilaterally Change Speed Limit on State Highway on Reservation

Here are the materials in State of South Dakota v. Frazier (D.S.D.):

1 Complaint

3 Motion for Injunction

22 Motion to Dismiss

26 Opposition

34 DCt Order