Post by abbey1227 on May 20, 2022 13:31:58 GMT
Yahoo News
After Roe, can states stop abortions on Native American lands?
Ben Adler·Senior Editor Thu, May 19, 2022, 11:18 AM
Republican Oklahoma Gov. Kevin Stitt on Sunday hinted at retribution for Indigenous Oklahomans should doctors readily perform abortions on tribal lands if Roe v. Wade is overturned.
But he was stepping outside the boundaries of state authority, according to Indigenous legal experts.
“The tribes in Oklahoma are super-liberal,” Stitt said on “Fox News Sunday,” as he discussed the implications of the leaked Supreme Court majority draft opinion, which indicated that the court is soon likely to revoke the constitutional right to an abortion. “We think that there’s a possibility that some tribes may try to set up abortion on demand. They think that you can be the 1/1,000th tribal member and not have to follow the state law. And so that’s something that we’re watching.
“Oklahomans will not think very well of that, if tribes try to set up abortion clinics,” he added.
Stitt signed one of the most restrictive abortion laws in the country this month. Experts in tribal sovereignty law, however, say that the legality of abortion on reservations probably won’t be up to the state government. While Oklahoma would criminalize abortion procedures if Roe v. Wade is overturned, as is widely anticipated, recognized tribes have considerable autonomy under federal law.
“Tribal nations existed before Oklahoma, and have a long history of women making health decisions for themselves,” Angelique EagleWoman, director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law, told Yahoo News.
After Roe, can states stop abortions on Native American lands?
Ben Adler·Senior Editor Thu, May 19, 2022, 11:18 AM
Republican Oklahoma Gov. Kevin Stitt on Sunday hinted at retribution for Indigenous Oklahomans should doctors readily perform abortions on tribal lands if Roe v. Wade is overturned.
But he was stepping outside the boundaries of state authority, according to Indigenous legal experts.
“The tribes in Oklahoma are super-liberal,” Stitt said on “Fox News Sunday,” as he discussed the implications of the leaked Supreme Court majority draft opinion, which indicated that the court is soon likely to revoke the constitutional right to an abortion. “We think that there’s a possibility that some tribes may try to set up abortion on demand. They think that you can be the 1/1,000th tribal member and not have to follow the state law. And so that’s something that we’re watching.
“Oklahomans will not think very well of that, if tribes try to set up abortion clinics,” he added.
Stitt signed one of the most restrictive abortion laws in the country this month. Experts in tribal sovereignty law, however, say that the legality of abortion on reservations probably won’t be up to the state government. While Oklahoma would criminalize abortion procedures if Roe v. Wade is overturned, as is widely anticipated, recognized tribes have considerable autonomy under federal law.
“Tribal nations existed before Oklahoma, and have a long history of women making health decisions for themselves,” Angelique EagleWoman, director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law, told Yahoo News.
“Tribal nations, including the ones in Oklahoma, often entered in treaties — legal documents — with the United States. And, generally, treaties guarantee health services. Native Americans are the only people in the United States guaranteed public health services, and that’s administered through the federal agency called the Indian Health Service. There’s nowhere along the line of health care where the state attaches, or its laws come into play, for tribal members.”
Anyone think maybe the tribal abortion clinics might secretly sterilize all the white women that show up in a sort of act of revenge for past sins committed against their people?
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