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This opens the door to endless court cases absent a legislative solution. It was too much to hope that Breyer and Souter would join Stevens and Ginsburg with Kennedy staying on the fence. The Bush court legacy of Roberts and Alito have effectively sealed the 21st Century deal of continuing U.S. colonial racism toward First Nations. Unfortunately, the tribes are now caught short because they failed to anticipate and prepare a side-by-side legislative fix for the 111th Congress. It is a sad day in Indian Country as states long-seeking authority over Indians and their lands will surely waste no time in advancing their usurpation agendas.
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