Wednesday, July 15, 2020
Ann E. Tweedy (University of South Dakota), The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19, SSRN:
This essay examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb the pandemic may enact stronger protections for their own citizens and territories. May they do so, even when enforcement of these protections causes inconvenience to those simply passing through the reservations and when the regulations affect non-member residents of the reservations? Based on Supreme Court case law, the answer is yes—tribes are within their rights in adopting and enforcing regulations designed to protect their citizens and other reservation residents from a public health emergency.