Loren Shirk v. United States

I am in full agreement with the judgment of the Court. I write only to register my doubts as to one of the district court’s conclusions, which the panel’s opinion need not and, properly in my view, does not reach in the course of its remand. Were we squarely presented with the issue, I would conclude that the relevant agreements between the federal government and the tribe authorize, indeed perhaps require, the enforcement of Arizona state law by tribal police officers.

The Multi-Year Financing Agreement, as the panel opinion notes, requires the tribe to ensure that all its uniformed officers…