It Could Always Get Worse

The case of Plains Commerce Bank v. Long Family Land & Cattle Co. doesn't sound too interesting or important on the face of it. Ultimately, though, it could have a devastating effect on tribal sovereignty if the US Supreme Court limits or eliminates tribal court jurisdiction over civil matters. So far, it doesn't look too promising, given Chief Justice Roberts' ignorant and mocking statements during oral arguments. Sadly, the one constant in Indian Law is that Federal courts in general and the Supreme Court in particular will always, almost without fail, adopt the construction that causes the Indians to lose, no matter how illogical, contradictory or tortured it might be.