Legal Opinion

Morris Ex Rel. Morris v. Tanner

District Court, D. Montana

Decided October 28, 2003No. CV 99-82-M-DWMPublishedCited by 2 opinions

1Opinion of the Court

ORDER

MOLLOY, Chief Judge.

Before the Court are the United States’ motion to dismiss and Plaintiffs and Defendant’s motions for summary judgment. The State of Montana has filed an amicus curiae brief on behalf of the defendant.

I. Background

Plaintiff Thomas Lee Morris and his parents Elizabeth and Roland challenge the constitutionality of the 1990 amendments to the Indian Civil Rights Act (ICRA), 25 U.S.C. § 1301(2), which affirm tribal court jurisdiction over all Indians, not just Indians who are members of the prosecuting tribe. 1

Morris is an enrolled member of the Chippewa Tribe from the…

2Cases cited32 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  5. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995

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3Cited by2 opinions

  1. Morris v. TannerCourt of Appeals for the Ninth Circuit · 2005
  2. Morris v. TannerCourt of Appeals for the Ninth Circuit · 2005

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