Posted on 05/15/2022 7:28:33 PM PDT by balch3
Oklahoma Gov. Kevin Stitt (R) on Sunday warned Native American tribes not to create abortion safe havens if Roe v. Wade is overturned and his state enacts a near-total ban on abortions.
Stitt told “Fox News Sunday” there was a “possibility” tribes could establish abortion havens if his state makes most abortions illegal.
“Oklahomans will not think very well of that if tribes try to set up abortion clinics,” Stitt said, warning he is monitoring the situation.
Stitt appeared on “Fox News Sunday” after the Supreme Court leak of a draft opinion showing the court was preparing to overturn the 1973 precedent Roe v. Wade, which created a constitutional right to abortions.
Oklahoma has passed into law a total ban on abortions after six weeks, only making an exception if the mother’s life is endangered. The law would go into effect if Roe v. Wade is overturned.
More than half of Oklahoma is within tribal lands. Stitt said the expansion of tribal lands in Oklahoma includes the city of Tulsa, which covers about 1 million people, so he is “watching” what might be done to establish abortion safe havens in his state.
“They think they can be one-one-thousandth tribal member and not have to follow state law,” Stitt said.
The Supreme Court is currently overseeing a case involving a separate dispute between Stitt and tribal leaders over whether the state can prosecute non-Native Americans for crimes committed on tribal lands if the victim is Native American.
(Excerpt) Read more at yahoo.com ...
So, the reservations are sovereign nations unless they do something somewhat sovereigny?
I don’t see what the problem is.
If conservatives and republicans stick to their guns, and their followers don’t go along with getting abortions, then, it’s a win for republicans, since, the only people getting abortions will be democrats, which will thin their ranks, and the country will be heavily republican. No more democrat control of anything, anywhere.
But, don’t tell the democrats.
Does the legal status of Indian reservations allow them to make their own laws on abortion? Did this governor get legal advice before he said this?
Don’t kid yourself. Plenty of Republicans get abortions.
“Does the legal status of Indian reservations allow them to make their own laws on abortion?”
I don’t know about abortions, but here in Arizona, do not let the catch you with a gun. The tribal cop will more than likely own it.
Gila River will allow on state and federal hwys across the rez. But the sergeant in Sacaton told me if I was on a tribal road and he caught me, it was his.
Many self appointed Indian activists are college educated Marxists who get quoted by the press. Often they are mainly white and/ or raised off the reservation.
It’s a complex legal situation, and also ironic.
On the point of abortions I doubt most tribal members would support allowing abortions in the Tribal clinics. On the broader point the tribal members are still citizens of the state and should be expected to merge their tribal courts and law enforcement with the state. Otherwise you are creating a “separate but equal” situation that the Supreme Court has already ruled is unconstitutional.
Another interesting fact, Stitt is a member of the Cherokee Nation. The Cherokee seem to have their own civil war going on which may explain some of Stitt’s actions.
The local tribal groups may pay special attention to what Gov. Kevin Stitt has to say on this topic. He is, after all. a member of The Cherokee Nation.
Tribal law rules most everything with federal law being supreme. I don’t believe state law can be applied on Tribal land.
For all intents and purposes, the Tribal nations are their own nation in treaty with the US government.
The tribes will do anything for a buck. Virtually anything. There is too much kickback corruption temptation to not do it.
Sickening. Downright disgusting.
Oklahoma will become just another poverty and corruption laden reservation. If I were not so old I’d find another place to go. But where?
Jack up the tax on firewater if they try it.
So far that has not mattered one whit to stitt or from the other direction. Either they are playing a great charade or the enmity is great.
Many Indian tribes are very conservative. In particular, the “5 Civilized Tribes” of Oklahoma.
You are being overly dramatic. Oklahoma has had its share of corruption through the years but probably no worse than any other state. The same goes for the various tribes.
Congress has the authority to define the parameters of what the individual tribes can do in regard to the treaties with the Federal government and after the next President and Congress is in office I expect this issue to be resolved.
There are no such things as loopholes.
A 'law' covers some things; does not touch other things.
There has to be a national solution eventually.
Why?
What if the whole country has a law that states no abortions done here, and a citizen gets one in a foreign country that does allow them.
We gonna lockdown our borders?
Many reservations are sovereign, many are not.
I’m in Minnesota, and here the reservations are subject to state law, except for the Red Lake reservation.
See: https://en.m.wikipedia.org/wiki/Public_Law_280
The whole mess is way too complicated to explain in anything approaching simple terms.
I have no idea what degree of sovereignty any reservation in Oklahoma might have, or how differing are the statuses of the different reservations.
One of the most hotly contested rights under the Bill of Rights and the Fourteenth Amendment is the right to an abortion recognized in Roe v. Wade, yet that central right to obtain an abortion without the state imposing an “undue burden” seems to remain good law. The question asks whether tribal governments are similarly limited. They are not. Their argument is that the right to abortion is inapplicable to tribal governments, and, therefore, that tribal governments may prohibit abortions performed or obtained by their citizens on their reservations. But just by their ciotizens on the federal reservation.
This conclusion follows from the well-settled black letter law that the rights in the Constitution do not apply to tribal governments and from the absence of any such right in the text of ICRA. Further, even if a court “created the right out of the text of ICRA, Congress purposely limited the remedies available under Indian Civil Rights Act (ICRA) and thereby allowed tribes to prohibit abortions as long as their prohibition would not give rise to a path for relief through a petition for habeas corpus. This was done in 1992 and was investigated and determined the above in a Harvard Law Review.
One of the most hotly contested rights under the Bill of Rights and the Fourteenth Amendment is the right to an abortion recognized in Roe v. Wade, yet that central right to obtain an abortion without the state imposing an “undue burden” seems to remain good law. The question asks whether tribal governments are similarly limited. They are not. Their argument is that the right to abortion is inapplicable to tribal governments, and, therefore, that tribal governments may prohibit abortions performed or obtained by their citizens on their reservations. This conclusion follows from the well-settled black letter law that the rights in the Constitution do not apply to tribal governments and from the absence of any such right in the text of ICRA. Further, even if a court “created the right out of the text of ICRA, Congress purposely limited the remedies available under Indian Civil Rights Act (ICRA) and thereby allowed tribes to prohibit abortions as long as their prohibition would not give rise to a path for relief through a petition for habeas corpus. This was done in 1992 and was investigated and determined the above in a Harvard Law Review.
Broadly speaking, Indian country is all the land under the supervision of the federal government that has been set aside primarily for the use of Indians. This includes all land within an Indian reservation and all land outside a reservation that has been placed under federal superintendence and designated primarily for Indian use. As a general rule, state laws do not apply to Indians in Indian country. Instead, tribal and federal laws apply. So any control of abortion on tribal land will have to come from a meeting of the ways from the nation and the federal government. The state is at hands off.
Wy69
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