Explaining Indigenous Peoples’ Success in State Supreme Courts: Party Capability, Judicial Selection, and Representation

Abstract

AbstractThe struggles Indigenous Peoples face are unique from other minority groups living in the United States because they exist in an odd, semisovereign status. While the US Constitution outlines that First Nations are sovereign entities, current federal law and policies hold that tribes are simultaneously sovereign and not sovereign. Using an original data set consisting of all cases involving Indigenous Peoples before state supreme courts from 1995 to 2010, we find Indigenous Peoples are more likely to receive positive judicial outcomes when the judiciary is elected and the indigenous population of the state is relatively high.