After Roe, can states stop abortions on Native American lands?

[Yo_Mama_Been_Loggin]

Republican Oklahoma Gov. Kevin Stitt on Sunday hinted at retribution for Indigenous Oklahomans should doctors readily perform abortions on tribal lands if Roe v. Wade is overturned.

But he was stepping outside the boundaries of state authority, according to Indigenous legal experts.

“The tribes in Oklahoma are super-liberal,” Stitt said on “Fox News Sunday,” as he discussed the implications of the leaked Supreme Court majority draft opinion, which indicated that the court is soon likely to revoke the constitutional right to an abortion. “We think that there’s a possibility that some tribes may try to set up abortion on demand. They think that you can be the 1/1,000th tribal member and not have to follow the state law. And so that’s something that we’re watching.

“Oklahomans will not think very well of that, if tribes try to set up abortion clinics,” he added.

https://www.yahoo.com/news/after-roe-can-states-stop-abortions-on-native-american-lands-161829808.html

[Fiendish Thingy]

1. I'm sure we're gonna find out. Nt

[Wounded Bear]

2. Reservation land is tribal and under Federal jurisdiction...

I don't think the state can do much about it. I have the feeling that "Oklahomans" already don't think well of the various tribal people.

[Ocelot II]

3. As I understand it, states have no authority over what happens on the reservations,

and can't prosecute tribe members in state courts for crimes committed on reservations, which are sovereign. So if a tribe sets up an abortion clinic on a reservation and members of the tribe perform them, AFAIK the state can't prosecute them.

[Girard442]

11. Laws don't enforce themselves.

If OK law enforcement stomps into a tribal abortion clinic and drags everyone away in cuffs, then what? A shootout between OK Troopers and U.S. Marshals?

[Tree Lady]

12. Everything I have seen local cops have to stop

At tribal land. Only FBI can come in and even that is worked out between them.

Tribes have their own police and courts.

[Ocelot II]

16. Yes, and the feds win. To the extent any other government has any control over

what happens on the rez, it's the feds, and that's pretty limited. Stitt is talking out his blowhole.

[MarineCombatEngineer]

24. Uh, you really don't want to fuck with Tribal Police,

they have no sense of humor with local or state law enforcement coming on their lands and will shoo them off post haste.

[ymetca]

4. Well, a federal judge

has already ruled that they literally own half the state, by long-held treaty.

Stitt's suing, of course, wasting tax-payer dollars and pissing them off even more.

This latest stunt - abortion banned from the conception - will provide a big incentive for them not to comply.

[AZSkiffyGeek]

5. See clinics popping up near casinos?

[in2herbs]

6. This was suggested to Planned Parenthood several years ago. Obviously no action

was taken.

[Hekate]

9. Why "obviously"? PP tries to serve all, and often at great risk to life and property...

…so there must be more to this story.

[Hoyt]

7. Read somewhere, here or elsewhere, that at least one state was

considering legislation in attempt to stop that. Don’t know if it would fly .

[VarryOn]

8. Abortion clinics on reservations could be a huge source of jobs and revenue...

For many impoverished people. And give people needing abortions much closer options than flying to CA, NY, etc.

[DET]

20. Two can play this game...

Sounds like a win-win to me. Plus it would give a big middle finger to the anti choice states.

[Hugin]

10. No. n/t

[2naSalit]

13. Sovereign Nation...

No State has jurisdiction over the Tribes or their land. Only the federal government can do anything like that and it takes some doing to go that far.

Stitt is talking out his paper pooper.

[WiVoter]

15. Yes

I agree.

[2naSalit]

17. I had to take...

A few law classes in my master's program and Federal Indian Law was among them.

[WiVoter]

18. Great Info Here

This is a supplement to the DVD. I heard Judge Raasch speak at a conference & the DVD is a great source. I’m not a lawyer, but it was interesting to me & made me want to learn more. https://opi.mt.gov/Portals/182/Page%20Files/Indian%20Education/Social%20Studies/6-8/Tribal%20Nations%20The%20Story%20of%20Federal%20Indian%20Law.pdf

Edited to add the video (full DVD video):
https://m.

[2naSalit]

22. Cool, Thanks!

I'll have to watch it tomorrow.

[WiVoter]

25. You're Welcome

😊

[WiVoter]

14. No

https://www.fedbar.org/blog/understanding-tribal-sovereignty/

Tribal sovereignty is more than a concept. It is in the Constitution.

[ecstatic]

19. That sounds like a threat

Unless gov shit is suggesting that we should care about what forced birther bigots think.

[roamer65]

21. No.

Tribal lands are under federal jurisdiction.

Clinics right next to the casinos.

That way women can rightly say I’m going to the casino.

Even smarter idea would be to attach the clinics TO the casinos.

[Thomas Hurt]

23. Reservations are sovereign right up and until Alito the rest of the christofascists decide

they don't have that much sovereignty.

[Stinky The Clown]

26. This will ultimately go the Supremes.