The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19

23 Pages Posted: 9 Jun 2020 Last revised: 7 Jul 2020

See all articles by Ann E. Tweedy

Ann E. Tweedy

University of South Dakota School of Law

Date Written: June 9, 2020

Abstract

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.

Keywords: COVID-19, Tribes, Coronavirus, tribal checkpoints, South Dakota, tribal civil jurisdiction, tribal civil regulatory jurisdiction, public health, Cheyenne River Sioux, Oglala Sioux, Montana v. United States

JEL Classification: I14, I15, I18, Z18

Suggested Citation

Tweedy, Ann E., The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19 (June 9, 2020). University of Chicago Legal Forum, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3622836 or http://dx.doi.org/10.2139/ssrn.3622836

Ann E. Tweedy (Contact Author)

University of South Dakota School of Law ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

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