Good news out of South Dakota? Really?
It seems a Native American tribe has plans to put an abortion clinic on their reservation. Good for them! I am, however, interested in LTG's take on the legality of this ...
Saturday, March 25, 2006
Can it be?
Posted by Bell Curve at 7:00 PM
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Fascinating. There are two issues that are distinct. First, there is the sovereign rights of an Indian tribe versus state power. Usually state laws have little or no meaning on a reservation, which is normally thought of as directly subject to federal control, but many federal statutes delegate their power to the states. Also, in areas of traditional state authority, such as family law, state law will be followed where there is no tribal or federal law.
Second, there is the fact that under current law (Roe v. Wade) the South Dakota law is unconstitutional. Any court which handles an attempt by the SD authorities to shut down the tribal clinic will uphold the clinic and strike down the law. Any court not staffed by Republican appointees, but by those who take seriously their oath to support the constitution (social conservatives are too agenda-oriented to honor this oath, of course).
// posted by LTG
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