National Farmers Union Insurance Companies v. Crow Tribe of Indians
Headline: Decision pauses enforcement of a tribal-court judgment by staying the Ninth Circuit’s order, protecting a Montana school district and its insurer while the Supreme Court considers review.
Holding: A single Justice continued a temporary stay of the Ninth Circuit’s judgment, pausing enforcement of the tribal-court award against a Montana school district and its insurer because four Justices are likely to hear the case.
- Pauses enforcement of the tribal-court judgment against the school district and insurer.
- Stops tribal seizure of school computers and a truck while federal review is considered.
- Keeps open federal-court review of whether tribal civil judgments can be challenged.
Summary
Background
A Crow tribal court entered a $153,000 default judgment against Lodge Grass School District after a Crow child was injured by an uninsured motorcyclist on land within the reservation. The school and its insurer learned of the default when the tribal court mailed the judgment. Instead of seeking tribal review, the school and insurer sued in federal district court saying the tribal court violated fair-procedure rules and the Indian Civil Rights Act. The district court enjoined enforcement of the tribal judgment.
Reasoning
The core question is whether a federal court can review a tribal court’s civil-judgment where a non‑Indian claims the tribal court exceeded its authority. The Ninth Circuit held there is no federal remedy for such claims, relying on a reading of the Indian Civil Rights Act. Acting as Circuit Justice, Justice Rehnquist concluded that four Members of this Court are likely to vote to hear the case and that the applicants have a reasonable chance of success, so he continued a temporary stay of the Ninth Circuit’s mandate while the Supreme Court considers the petition. He also explained why earlier Supreme Court decisions may be distinguishable and left the ultimate merits undecided.
Real world impact
Because the stay remains in place, enforcement of the tribal-court judgment and related seizures are paused while the Supreme Court considers review. The order does not resolve whether tribal courts have or lack power over non‑Indians; it only preserves the status quo pending the Court’s decision whether to take the case. The issue could affect how and where non‑Indians can challenge tribal-court judgments in the future.
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