Dr. Ralph Rossum in Sacramento Bee
From an article in today’s Sacramento Bee by Ralph A. Rossum:
In both of these cases, Congress could pass legislation subjecting tribes to the provisions of the National Labor Relations Act or state campaign-reform laws. But Congress has not. Until it does so clearly and unambiguously, the lower courts should act to protect the tribes from the wishes of those who have been unable to persuade Congress to pass such measures. And, when the power courts fail in their duty to the tribes, the Supreme Court must intervene, repudiate their departures from clear and controlling precedents, and perform its historic role of protecting tribal interests and sovereignty by reversing obvious judicial error.
Ralph A. Rossum is the Salvatori professor of American Constitutionalism and director of the Rose Institute of State and Local Government at Claremont McKenna College in Claremont.
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