Nebraska v Parker
March 22, 2016
In Nebraska, the Court upheld its precedent of Solem v. Bartlett Solem v. Bartlett, 465 U.S. 463 (1984) that only Congress can diminish an Indian reservation but added that because the reservation was “declared open” under the public land laws by act of Congress that the tribe’s jurisdiction was altered within the opened area. It was not determined what this means. Under traditional public land law it means the opened area is subject primarily to state jurisdiction. This ruling puts Indian land issues back under the public land laws. Our federal public lands are the remaining territorial lands located in the Western States that have not been disposed of by Congress.