The Supreme Court's Legal Culture War Against Tribal Law

Matthew L.M. Fletcher, Michigan State University College of Law

Abstract

The law of Indian tribes is under attack by non-Indians, with the most strident and hostile attacks coming from the Supreme Court. Justice Souter in particular is concerned that tribal law is "unusually difficult to sort out" for outsiders. This short essay argues that tribal law really isn't all that difficult, especially the law that applies to nonmembers. It is, in fact, very similar to American common law. While there is "difficult" tribal law, that law applies only to members, that is, people who can understand it.