Here. What are the legal and policy consequences, if any? I'm already hearing it called by one Native scholar a “mealy-mouth” repudiation of the “bad, old colonialists” of the past that fails to take full responsibility for current and future real-life ramifications.
I’ve been wondering about the legal implications as well. The entire foundation of Federal Indian Case Law is built upon the Supreme Court recognizing the Doctrine of Discovery as a legal doctrine. I can’t imagine SCOTUS letting the structure crumble just because the foundation goes, though obviously they should.
I’ve been wondering about the legal implications as well. The entire foundation of Federal Indian Case Law is built upon the Supreme Court recognizing the Doctrine of Discovery as a legal doctrine. I can’t imagine SCOTUS letting the structure crumble just because the foundation goes, though obviously they should.