Cert Opposition in Kelsey v. Pope

QUESTIONS PRESENTED
1. Whether the Court of Appeals erred in holding, in the first federal
or state appellate decision to directly consider the question, that an Indian
tribe has not been divested of its inherent authority to prosecute a tribal
member for an offense occurring outside of its Indian country when
necessary to protect tribal self-government or to control internal relations.
2. Whether the Court of Appeals erred in holding that established fair
notice principles are not violated by a tribal court’s decision that tribal law
allows for the exercise of jurisdiction over a tribal member, when tribal and
state law clearly proscribed the conduct at issue and multiple provisions of
the tribe’s constitution and laws provided for the exercise of such
jurisdiction.

16-5120 Respondent’s Brief in Opposition

Cert Petition HERE.

Prior posts on Kelsey v. Pope, including lower court materials, HERE.

 

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