Blatchford v. Native Village of Noatak explained

Litigants:Blatchford v. Native Village of Noatak
Decidedate:June 24
Decideyear:1991
Fullname:Blatchford v. Native Village of Noatak
Usvol:501
Uspage:775
Holding:The Eleventh Amendment prevents tribes from filing lawsuits against the United States because they are not party to the Constitution; therefore, the United States must sue itself as a trustee for the tribe under United States v. Minnesota.
Majority:Scalia
Concurrence:Blackmun
Joinconcurrence:Marshall, Stevens

Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991), was a United States Supreme Court case in which the Court held that the Eleventh Amendment prevents tribes from filing lawsuits against the United States because they are not party to the Constitution; therefore, the United States must sue itself as a trustee for the tribe under United States v. Minnesota.[1]

Criticism

Blatchford was out of step with most prior Eleventh Amendment jurisprudence, which said sovereign immunity under the Amendment only applied to situations mentioned directly in its text.[2]

Notes and References

  1. Book: Landmark Indian Law Cases, Second Edition . 2022 . Williams . Joel West . 725 . Blatchford v. Native Village of Noatuk.
  2. Getches . David H. . 1996 . Conquering the Cultural Frontier: The New Subjectivism of the Supreme Court in Indian Law . California Law Review . 84 . 6 . 1643 n.341 . 10.2307/3481094 . 0008-1221.