The Indigenous Docket
Matthew L.M. Fletcher
University of Michigan Law School7 Articles
Matthew L.M. Fletcher is the Harry Burns Hutchins Collegiate Professor of Law at the University of Michigan Law School. He teaches and writes in the areas of federal Indian law, American Indian tribal law, Anishinaabe legal and political philosophy, constitutional law, federal courts, and legal ethics. He is a citizen of the Grand Traverse Band of Ottawa and Chippewa Indians.
OPINION ANALYSISMerits Cases
Supreme Court rules 5-4 against Navajo Nation in water rights dispute
Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs.
ARGUMENT ANALYSISMerits Cases
Justices appear divided over Navajo Nation’s water rights
What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation.
CASE PREVIEWMerits Cases
As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River
Thirty percent of Navajo Nation citizens have no running water. Navajos use 8-10 gallons of water a day, about a tenth of what the average American uses.
OPINION ANALYSISMerits Cases
In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations
On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of tradition and practice.
ARGUMENT ANALYSISMerits Cases
With historical promises in mind, justices weigh state criminal jurisdiction in Indian country
At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’s criminal jurisdiction authority in Indian country.
In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country
A sad story involving child neglect has become the subject of a Supreme Court case — and white-hot political rhetoric — because the crime occurred on the reservation of the Cherokee Nation of Oklahoma and the victim (but, crucially, not the defendant) is a citizen of the Eastern Band of Cherokee Indians.