The Tribal Supreme Court Project, initiated by the Native American Rights Fund (NARF) and recently celebrating its 25th anniversary, represents a concerted effort to address the systemic challenges faced by tribal interests in the U.S. Supreme Court. This initiative was born out of a necessity to improve the chances for tribal advocacy in a legal landscape heavily influenced by historical biases and adverse precedents, as acknowledged by Justice Neil Gorsuch and others familiar with the Supreme Court’s history.
In 2001, in the aftermath of significant losses at the Supreme Court, tribal leaders alongside prestigious legal minds convened in Washington, D.C. They strategized on improving tribal advocacy at the highest court, noting that even when the United States sided with tribal interests, outcomes were often unfavorable. A critical part of their approach involved enhancing amicus brief strategies, improving oral advocacy, and educating the court on the realities of Indigenous governance and history.
Over the years, the project has worked to shift the narrative and outcomes in the court. In the mid-2000s, strategic interventions began to show results, especially in cases concerning tribal jurisdiction, such as Plains Commerce Bank v. Long Family Land and Cattle Co., where tribal advocacy saw a partial success with a close 5-4 decision. The case demonstrated how an organized amicus strategy can influence proceedings, with briefs detailing the tribe’s history, tribal court procedures, and emphasizing federal policies supporting tribal jurisdictions.
The project’s impact became more evident in its later years, contributing to favorable decisions in cases such as Michigan v. Bay Mills Indian Community, McGirt v. Oklahoma, and Haaland v. Brackeen. Nonetheless, the project is not without its shortcomings. Indigenous advocates have been largely absent from arguing cases since the project’s prioritization of established Supreme Court specialists started, highlighting a gap in representation that remains to be addressed.
Despite its imperfections, the Tribal Supreme Court Project stands as a significant development in the realm of Indian law, transforming the approach to Indigenous advocacy at the Supreme Court level. For legal professionals and observers, the project exemplifies the potential for strategic collaboration and focused legal strategies to alter outcomes even in challenging judicial environments. More details about the project’s evolution and impact can be found on SCOTUSblog.