Since the Dobbs leak, questions have been raised by non-Natives about whether tribal lands could become safe havens for non-Native women seeking access to abortion in states that have outlawed it. As my brilliant co-authors, Lauren van Schilfgaarde, Aila Hoss, Sarah Deer, and Stacy Leeds, and I explain in this blog post for the Law & Political Economy Blog, the likely answer is no. One of the biggest problems is that state civil regulation of non-Native persons on tribal lands may be allowed based on a preemption test, the results of which are difficult to predict. In the criminal context, states are empowered to prosecute crimes by one non-Native against another. We also point out that it is painful that these questions are raised during crises, while tribal interests and needs are so often ignored in other circumstances.
Stay tuned for a longer article on the topic, which we hope to publish in the next few months.
Comments