Good Morning, NUNAverse,
On Friday, the Supreme Court overturned Roe v. Wade, a little more than a month after a draft opinion by Justice Samuel Alito was leaked that forewarned the public that the court was preparing to change its course on protecting abortions. The 1973 decision had provided a constitutional right to an abortion for nearly 50 years and today’s ruling will affect millions of Americans and their access to abortion. This decision affects Indian Country in a variety of ways, but abortions are largely excluded from healthcare delivered by the Indian Health Service (IHS) because of the Hyde Amendment, which prohibits the use of federal dollars on abortions except in the cases of rape, incest, and if a mother’s life is in danger due to the pregnancy. If clinics and providers were to provide abortions on tribal lands, they would need to be funded privately and need to navigate local, state, and federal laws.
On Thursday, the United States Supreme Court ruled in Carlos Vega v. Terence B. Tekoh that a plaintiff may not sue a police officer for obtaining an improper admission of an “un-Mirandized” statement used in a criminal prosecution. The ruling does not impact the exclusion of evidence obtained without the Miranda warning for a criminal trial. The ruling affects Miranda rights because it prohibits those wrongfully prosecuted from obtaining damages, even if their rights were violated. It leaves victims without recourse for government misconduct. Miranda rights don’t apply on some tribal lands, however, because tribal courts do not all require Miranda. The Indian Civil Rights Act requires tribes to provide an attorney for a defendant facing charges that could bring a year or more in jail. The decision to limit Miranda rights does apply off tribal lands, though, and government misconduct is no longer under the same scrutiny.
On Friday, President Joe Biden announced 13 new intended nominations for his administration, including nominee Patrice Kunesh (Standing Rock Lakota descendant) for Commissioner of the Administration for Natives, a program office within the United States Department of Health and Human Services.Kunesh is an attorney and policy advocate who has led a career in public service at tribal, state, and federal levels. She currently works for the Native American Rights Fund, where she began her career as a public interest fellow after earning her JD at the University of Colorado Law School, then a Master of Public Administration from the Harvard Kennedy School of Government. If her nomination is confirmed, Kunesh would lead the Administration for Native Americans, a program established in 1974 through the Native American Programs Act. The Administration works to support Native communities by providing financial assistance and capacity building, gathering and sharing data, and advocating for improved policies within Health and Human Services and across the federal government.
Keep reading for a full news update.
Law:
Supreme Court Overturns Roe V. Wade, Indian Country Responds
Native News Online, Darren Thompson, June 24
On Friday, the Supreme Court overturned Roe v. Wade, a little more than a month after a draft opinion by Justice Samuel Alito was leaked that forewarned the public that the court was preparing to change its course on protecting abortions. The 1973 decision had provided a constitutional right to an abortion for nearly 50 years and today’s ruling will affect millions of Americans and their access to abortion. The ruling allows states to ban abortion, and some states already have trigger laws in place that kick in with the overturning of Roe v. Wade that criminalize abortion. Those with existing laws include Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming—all Republican-led states. This decision affects Indian Country in a variety of ways, but there are no abortion clinics on tribal lands and there has been no public statements of tribes offering abortion services. The chief medical provider on tribal lands for citizens of tribes is the Indian Health Service (IHS), a federal agency within the U.S. Department of Health and Human Services. Abortions are largely excluded from healthcare delivered by IHS because of the Hyde Amendment, which prohibits the use of federal dollars on abortions except in the cases of rape, incest and if a mother’s life is in danger due to the pregnancy. If clinics and providers were to provide abortions on tribal lands, they would need to be funded privately and need to navigate local, state, and federal laws. Since tribal doctors are licensed by state medical agencies, it’s also unlikely that they’ll perform abortions within the state.
Why Tribal Lands Are Unlikely To Become Abortion Sanctuaries
CNN, Harmeet Kaur, June 26
With Roe v. Wade now overturned, tribal lands are again coming up in conversations on social media and elsewhere as potential safe havens for those seeking abortions. In Oklahoma, which has enacted some of the nation’s most restrictive abortion laws, Republican Governor Kevin Stitt previously warnedIndigenous tribes against setting up abortion clinics on their lands — comments that the Cherokee Nation, the largest tribe in the state, referred to as irresponsible speculation and an attack on tribal sovereignty. Though the US recognizes tribal nations as sovereign entities with the inherent authority to govern themselves, the reality is much more complicated. As a result, experts in tribal and federal Indian law say it’s unlikely that reservations will offer a viable solution to the challenge of abortion access, particularly for those who aren’t tribal members. “There is a legal scenario where this could work for a small class of patients and providers,” said Lauren van Schilfgaarde, director of the Tribal Legal Development Clinic at the UCLA School of Law. “But I think it’s safe to say that this is just not a realistic option.”
Supreme Court Rules Miranda Rights To Be Limited; Impact On Indian Country
Native News Online, Darren Thompson, June 24
On Thursday, the United States Supreme Court ruled in Carlos Vega v. Terence B. Tekoh that a plaintiff may not sue a police officer for obtaining an improper admission of an “un-Mirandized” statement used in a criminal prosecution. The ruling does not impact the exclusion of evidence obtained without the Miranda warning for a criminal trial. The case involves Terence Tekoh, a hospital worker in Los Angeles who was accused of sexually assaulting a patient at a hospital in 2014, and Carlos Vega, a Los Angeles County sheriff deputy who questioned Tekoh. Tekoh’s attorneys argued Vega used aggressive techniques to get Tekoh to confess. Vega’s attorneys said that the confession was consensual and voluntary and he wasn’t in custody at the time of the confession. The ruling affects Miranda because it prohibits those wrongfully prosecuted from obtaining damages, even if their rights were violated. It leaves victims without recourse for government misconduct. Miranda rights don’t apply on some tribal lands, however, because Tribal courts do not require Miranda. Some tribes require Miranda, through their own rules and regulations, but it’s unclear how many do. There is no known number of tribes who give or do not give Miranda rights, but many do because it is consistent with their training. The Indian Civil Rights Act requires tribes to provide an attorney for a defendant facing charges that could bring a year or more in jail. Tribal courts are less-adversarial than state or federal courts. The decision to limit Miranda rights does apply off tribal lands, though, and government misconduct is no longer under the same scrutiny.
Lawsuit Says Tara Sweeney Should Advance In Alaska Race
AP News, Becky Bohrer, June 24
A state court judge on Thursday said he was tentatively inclined to agree with the state elections office that the fifth-place finisher in a special primary for Alaska’s U.S. House seat cannot replace in the upcoming special election a candidate who abruptly dropped out. But Superior Court Judge William Morse said he will accept further pleadings before making a final decision. He planned to rule on Friday. His comments came during a hearing on a lawsuit filed earlier in the day that argued that the Alaska Division of Elections misinterpreted state law. The lawsuit says the fifth-place finisher in the special primary, Republican Tara Sweeney (Iñupiat) should be put on the August special election ballot in place of independent Al Gross, who withdrew his candidacy. Gross was third in the June 11 special primary, behind Republicans Sarah Palin and Nick Begich and ahead of Democrat Mary Peltola. He was poised to advance to the special election as one of the top four vote-getters under a new open primary system. But late Monday, he suddenly announced plans to end his campaign. Gail Fenumiai, the division’s director, in a letter Tuesday said that because Gross withdrew less than 64 days before the election, state law did not permit the division to put the fifth-place candidate on the special election ballot in his place. She said Gross withdrew Tuesday and his name would be removed from the special election ballot. The lawsuit says the timeline cited by Fenumiai does not apply to special elections.
California Court Considers New Hearing For Long-Serving Monache Inmate
Indian Country Today, Richard Arlin Walker, June 24
California’s 5th District Court of Appeal has ordered state Attorney General Rob Bonta to respond to an Indigenous man’s request for a new hearing that his attorneys believe could lead to his release from San Quentin Prison, where he has been incarcerated 44 years for a murder he says he did not commit. Douglas “Chief” Stankewitz (Monache) from Big Sandy Rancheria, filed a petition asking for an evidentiary hearing in January 2021 in Fresno County Superior Court, where he was convicted in 1978 for a carjacking/murder. Judge Arlan L. Harrell, who was appointed to the Superior Court in 2006, has not ruled on the petition in the 17 months since it was filed, but instead has granted himself several extensions that have exceeded the time allowed under the California Rules of Court. Stankewitz’s petition asks the three-judge appellate court to transfer his case to another county for an evidentiary hearing, or dismiss the case against him for “extensive, egregious law enforcement and prosecution misconduct” that Stankewitz’s legal team alleges led to his conviction and has kept him in San Quentin.
Health:
Indian Country Needs More Native American Dentists
Native News Online, Levi Rickert, June 26
Teague Rutherford (Aaniih and Nakoda) will begin his third year of dental school this fall at the Arizona School of Dentistry and Oral Health. He remembers clearly the moment he decided to become a dentist. He was nine years old and was receiving treatment from an off-reservation dentist. He loved how the dentist treated him with compassion. The interviews were conducted at the Society of American Dentists (SAID) conference in Albuquerque. Several of the Natives interviewed stated that they did not think they were smart enough to become a dentist. However, they overcame self-doubt because they were influenced by someone in their lives who provided guidance. Beyond the inspiring and compelling interviews conducted, the SAID conference provided a better understanding of the needs in Indian Country for better dental care. In attendance at SAID: Dr. George Blue Spruce (Laguna Pueblo), who became the first Native dentist in 1956. Dr. Blue Spruce, who is two months shy of his 92nd birthday, was treated with well-deserved respect by fellow Native dentists and other dental professionals who attended the conference. It took another 19 years for another Native American to become a dentist, which occurred when Dr. Jessica A. Rickert became a dentist and the first female Native dentist ever.
Politics:
President Biden Nominates Patrice Kunesh For Commissioner Of The Administration For Natives
Native News Online, June 24
On Friday, President Joe Biden announced 13 new intended nominations for his administration, including nominee Patrice Kunesh (Standing Rock Lakota descendant) for Commissioner of the Administration for Natives, a program office within the United States Department of Health and Human Services. Kunesh is an attorney and policy advocate who has led a career in public service at tribal, state, and federal levels. She currently works for the Native American Rights Fund, where she began her career as a public interest fellow after earning her JD at the University of Colorado Law School, then a Master of Public Administration from the Harvard Kennedy School of Government. If her nomination is confirmed, Kunesh would lead the Administration for Native Ameriacns, a program established in 1974 through the Native American Programs Act. The Administration works to support Native communities by providing financial assistance and capacity building, gathering and sharing data, and advocating for improved policies within Health and Human Services and across the federal government.