Document Type
Brief
Publication Date
8-19-2022
Abstract
Amici are professors and scholars of federal Indian law whose scholarship and clinical practice focus on the subject matter areas of Indian law, tribal powers, and federal- and state-court jurisdiction. Amici possess expertise in this area and an interest in ensuring that cases concerning these issues are decided consistently with the text of the United States Constitution, foundational principles in this area of law, and the express intent of Congress. Amici respectfully submit this brief to provide the Court history and context behind the Constitution’s use of Indian status classifications and the inherently political determinations that the legislative and executive branches must make to carry out the United States’ obligations to Indians and Indian tribes under the duty of protection.<\p>
This Court has long recognized that “[f]ederal laws that treat Indians or Indian tribes differentially from other individuals or groups create political, not racial, classifications and are not subject to strict scrutiny under the equal protection component of the Fifth Amendment.” Restatement of the Law of American Indians § 9(a) (2021). Instead, when Indian affairs legislation is “tied rationally to the fulfillment of Congress’ unique obligation toward the Indians, such legislative judgments will not be disturbed.” Morton v. Mancari, 417 U.S. 535, 555 (1974). This rule of deference recognizes the plenary authority of Congress in effectuating the United States’ trust responsibility (originally known as the duty of protection) toward Indian tribes and respects the Constitution’s commitment of such matters to the political branches.<\p>
Recommended Citation
Fletcher, Matthew L.M., "Haaland v. Brackeen, et al.: Brief of Indian Law Professors as Amici Curiae in Support of Federal and Tribal Defendants" (2022). Appellate Briefs. 87.
https://repository.law.umich.edu/briefs/87
Included in
Administrative Law Commons, Constitutional Law Commons, Indigenous, Indian, and Aboriginal Law Commons
Comments
Amicus: Arnett, Professor Howard; Atwood, Professor Barbara A.; Berger, Professor Bethany; Carlson, Professor Kirsten Matoy Ph.D.; Crepelle, Professor Adam; EagleWoman, Professor Angelique; Fletcher, Professor Matthew L. M.; Hedden-Nicely, Dylan R.; Hershey, Professor Robert Alan; Lewerenz, Professor Dan; Menka, Nazune; Mills, Professor Monte; Pearl, Professor M. Alexander; Pratt, Carla D.; Resnik, Professor Judith; Roemer, Professor Neoshia; Rosser, Professor Ezra; Singel, Professor Wenona T.; Singer, Professor Joseph William; Skibine, Professor Alexander T.; Stark, Professor Kekek Jason; Steele, Professor Michalyn; Tahdooahnippah, Professor Forrest; Torres, Professor Gerald; Tweedy, Professor Ann; van Schilfgaarde, Lauren; Williams, Professor Robert A. Jr.; Winder, Professor Samuel; Wood, Professor William; Yablon-Zug, Professor Marcia A.