In the post-Cabazon era, the United States Supreme Court has ruled against Indian interests in approximately 3 out of every 4 cases. But, it is not only the numbers that cause concern. Several relatively recent Court decisions have had deleterious impact on the dual cores of tribal sovereignty: jurisdiction and land. Too many times, the Rehnquist Court embarked on (mis)adventurous departures from settled law.
Now, the composition of the Court has changed. Chief Justice Roberts has replaced Rehnquist and Samuel Alito has replaced O’Connor. There are many questions about the path the Court will forge. But, if anything is clear, it is that there will be surprises. On this page, we will track and analyze the new Court’s Indian law jurisprudence. For all cases pending certiorari, Rez Judicata provide case synopses. For the rare cases that the Court agrees to hear, we will collect the relevant documents and provide analysis.