Prediction: The tribe will not see a dime and the Supreme Court is going to reverse this 6-3. Exxon waited 30 years to avoid their fine, BNSF can do it in 2.
I don't know... this same court recently upheld Native sovereignty with their decision on the Indian Child Welfare Act, and I don't know on what Constitutional basis they would reverse this decision, much less agree to hear a case on it. It seems pretty straightforward to me.
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Prediction: The tribe will not see a dime and the Supreme Court is going to reverse this 6-3. Exxon waited 30 years to avoid their fine, BNSF can do it in 2.
I don't know... this same court recently upheld Native sovereignty with their decision on the Indian Child Welfare Act, and I don't know on what Constitutional basis they would reverse this decision, much less agree to hear a case on it. It seems pretty straightforward to me.
Interstate commerce clause will be the excuse. BNSF CEO will probably need to buy a few RVs to grease the wheels some.