The Supreme Court has historically undermined Indigenous sovereignty, particularly in contrast to legislative efforts during the self-determination era, which sought to empower tribes.
Despite advances in Indigenous rights since the 1970s, the Supreme Court's decisions have increasingly rolled back protections, contrasting sharply with the growing recognition in legislation.
The struggles for Indigenous sovereignty reflect a longstanding tension between legislative recognition of tribal rights and the Supreme Court’s willingness to constrict them.
As the judiciary moved to the right, concerns escalated about its legitimacy, especially regarding its role in the ongoing erosion of Indigenous nations' sovereignty.
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