Cecelia Fire Thunder might want to hold off on pouring that concrete.

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INTERESTING article in today's Rapid City Journal from Patrick Lee, retired chief judge of the Oglala Sioux Tribe. In today's forum, he writes how Cecelia Fire Thunder who is pushing to bring Planned Parenthood to Pine Ridge might be in violation of tribal law from doing so:
I wonder if the consulting attorneys took time to research tribal law on the subject. The tribe's Juvenile Code describes unborn children as "a child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests and welfare to be protected in the event of its subsequent birth" (Chapter 5, Juvenile Code, Section 1.05). That definition and its implications could present a problem to supporters of the proposed abortion clinic.

But that's not all.

While the tribe is immune from the application of state law directly, there is a federal law which makes state criminal prohibitions applicable to Indian reservations. The federal Assimilative Crimes Act incorporates the substantive law of state prohibitory laws and applies them to the reservation as federal laws. The ACA is rarely used these days, but the statute is still in the books and could conceivably subject reservation abortionists to federal prosecution for violating the substantive law of the state. State jurisdiction is not involved.

Another problem Cecelia would face as tribal president is her special oath of office. President Fire Thunder was sworn into office upon being elected and took an oath to uphold the laws of the Oglala Sioux Tribe. Tribal law as it presently exists would protect the unborn child because it is deemed an existing person and a reservation-based abortion clinic could be a violation of the child's right to protection.

Aborting, or terminating the life of an existing person would violate tribal law. A tribal official who fails to uphold the oath of office could face impeachment charges. Tribal law would apply personally to Cecelia whether or not she was president. Impeachment would be the least of Cecelia's problems if faced with a murder charge.

Cecelia could propose changing the tribal law as it defines unborn children. That would take some doing because, as she correctly states, the tribe views children as sacred. The cultural value of children being sacred is reflected in the laws of the tribe and any change would have to be made by the Tribal Council on behalf of the members of the tribe.
Read it all here. I'm also hearing from a good source that Cecelia is going to be again facing an impeachment petition, this time on the basis of her trying to bring this clinic in, contrary to her oath to uphold tribal law.

What was I saying earlier today? Never a dull moment in politics.

Comments

Bob Newland said…
Well, I'm still donatin' most of the proceeds of eBay auction item #6620640032 to the Oglala Womens' Clinic.

http://www.ebay.com/
item #6620640032
4:40 PM
Anonymous said…
If you'd understood the issues correctly, you'd also read that this clinic would not only help tribal women but poor white women also. Contraceptives would be widely available thus reducing the need for an abortion (and therefore murder as you've so delicately put it)Her focus is also on those unplanned pregnancies begot from rape and incest..so education for men is also needed. I rather doubt that any man would enjoy raising someone else's child that his daughter/mother/wife concieved from an act of sexual violence from some male, most men in family situations would would simply leave and the woman would be forced to deal with the shame, hurt and the psychological reprecussions would be tremendous for the entire family. So as our 'fearless leader' has tried to rewrite the laws erroding our rights, selling our counry to the highest bidder in terms of business at the expense of this country's people, I refuse to acknowledge suppression from those who quietly try to squash bright lights like Cecelia Fire Thunder. Perhaps she can re write the laws of her tribe to help not hinder her people.

Please try to observe all sides of a political issue before you shoot your mouth off again.

For at this moment Im nothing short of very cranky at the gross stupidity and lack of common sense I read about.
7:35 PM
PP said…
Kahat, are you THAT ignorant?

#1 - I'm reprinting what someone else said. My personal views aside, I didn't express the thoughts as much as point out what someone else said.

#2 - All the author is pointing out is that before Cecelia can do this, she's going to have to change some laws, because what she's proposing violates current tribal law.

Maybe you should ponder that before you climb up on your soapbox and shoot off YOUR mouth again.
7:41 PM
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