State Ex Rel. Joseph v. Redwing

With, as Abraham Lincoln taught us, malice towards none and charity for all; with an abiding belief that our tribal courts throughout this nation, as well as South Dakota, must play an indispensable role in governing the affairs of our Red Brothers, I most respectfully dissent, believing that the adjudication of this civil dispute must be litigated in the tribal courts.

South Dakota encompasses nine Indian Reservations. Each has an active tribal court. Of these reservations, seven have tribal courts which originate in a tribal sovereignty predating the United States Constitution. They are:…