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Importance of Federal Judiciary Judicial Nominations Process Vacancy Tracking FAQs Supreme Court Project Update About the Project In recent years, it has become increasingly apparent that the courts, once thought to be the guardian of Indian rights, have undergone a philosophical shift that has resulted in substantial legal setbacks for Indian Country. For example, Indian interests have been on the losing side 77% of the time in the U.S. Supreme Court since 1986. This is up from being on the losing side 42% of the time from 1969 – 1985. The effect of these losses is cumulative as tribal interests not only lose in the particular case, but generally the holdings have undermined fundamental principles of Indian law and tribal sovereignty which lead to further losses in future cases.
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