Affirmed or Delegated? Finding Inherent Tribal Civil Power to Issue Protection Orders Against All Persons in Light of Spurr v. Pope
Federal courts have wreaked havoc on tribal jurisdiction by injecting incertitude over their most basic authority, including the authority to issue and enforce civil protection orders. This jurisdictional incertitude causes not just legal disruption, but also further compromises the safety of Native people who are disproportionately victimized, especially by gender-based forms of violence. While Congress has been slow to remedy the onslaught of judicial limitations on tribal jurisdiction, Congress has at least remedied tribal authority to issue and enforce protection orders in 18 U.S.C. § 2265(e). However, even in this remedy, jurisdictional incertitude remains.
Gaines Stoner, Cherokee ancestry, Kelly and Lauren Van Schilfgaarde, Cochiti Pueblo. "Affirmed or Delegated? Finding Inherent Tribal Civil Power to Issue Protection Orders Against All Persons in Light of Spurr v. Pope." Tribal Law Journal 21, 1 (2021). https://digitalrepository.unm.edu/tlj/vol21/iss1/1