Robert Malabed v. North Slope Borough, Morris David Welch v. North Slope Borough, Charles Michael Emerson v. North Slope Borough

OPINION

GOULD, Circuit Judge.

The North Slope Borough appeals the order of the district court enjoining it from enforcing a local ordinance that gives a preference in Borough employment to members of federally recognized Indian tribes. We certified a question to the Alaska Supreme Court asking whether the North Slope Borough ordinance violates local law, state statutory law, or the Alaska Constitution. We have received a response and conclude that the ordinance violates the Alaska Constitution’s guarantee of equal protection.

I

The North Slope Borough is a political subdivision of the State of…