Tribal Sovereignty and Victims’ Rights: State v. Cooley

On the morning of Tuesday, June 1, 2021, the Supreme Court of the United States unanimously found in the case United States v. Cooley that a Crow tribal police officer had the authority to detain and search a non-Native suspected of committing a crime on a highway crossing through the Crow Reservation. Cooley, a non-Native, had challenged the authority of tribal law enforcement to stop and detain non-Indians who are suspected of committing crimes within the borders of an Indian reservation and asked the Supreme Court to uphold the Ninth Circuit’s decision which concluded that tribal law enforcement can only stop and detain a non-Indian suspected of committing a crime if it is “apparent” or “obvious” that a crime is being committed. The presenter will discuss the amicus curiae brief filed on behalf of the National Indigenous Women’s Resource, asking the Court to uphold the inherent sovereignty of Tribal Nations to protect their women and children from non-Indian perpetrators of crimes on tribal lands. The presenter will also discuss the Supreme Court’s decision’s impact on issues related to safety for Native women. Presenter: Mary Kathryn Nagle Partner, Pipestem & Nagle, P.C. Mary Kathryn Nagle is an enrolled citizen of the Cherokee Nation. She is also a partner at Pipestem and Nagle Law, P.C., where she works to protect tribal sovereignty and the inherent right of Indian Nations to protect their women and children from domestic violence and sexual assault. She is most well known for her work on ending violence against Native women. Her...