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RobertJDFL
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I am in the process of solving a hypothetical and am

Customer Question

Hi, I am in the process of solving a hypothetical and am struggling with identifying the key issues
JA: What state are you in? It matters because laws vary by location.
Customer: Vermont
JA: Has anything been filed or reported?
Customer: On August 1, 2016, the President signed the Vaccine Freedom Act 2016 (VFA 2016) into law. Inter alia(among other things), VFA 2016 recognizes the right of all Americans to opt out of any state mandated vaccination plan should they so desire. The federal act declares its preemptive intent in the case of conflict with local statutes. The Brave Coyote Band of Penacook Indians (BCB) is comprised of 32 individuals residing on tribal lands on a reservation in Vermont. The Bureau of Indian Affairs recognizes the group and accords them apposite rights and privileges. Members of the Vermont state legislature are skeptical of BCB’s legitimacy as a freestanding tribe and would like to extinguish BCB’s tribal status. The legislature passed a law, the Native American Act 701(c)4-2 (2016), that allows state permitted hunting and fishing on BCB trust land.
Furthermore, after extensive lobbying from the Spelunking Society of Vermont, the state also passed the Cave Protection Act 2015 (CPA 2015) which, inter alia, recognizes caves and associated cave wildlife on reservation lands as a significant natural resource of the State and provides for prosecution of any individual who does damage to caves in Vermont or harms or endangers any species that uses Vermont’s caves as a natural habitat. BCB holds sweat lodges in caves. In December 2015, Lightning Johnson and six other BCB individuals were convicted under CPA 2015 for conducting a sweat lodge in a cave where smoke from the sweat lodge was alleged to have caused the death of two dozen gray bats (Myotis grisescens) that use the caves as a place of repose.
On September 1, 2016, the BCB tribal council passed a tribal resolution requiring all children born on the reservation to be vaccinated to prevent spread of infectious diseases. Ransom Youngblood and two other BCB individuals brought a suit in federal court alleging that the VFA 2016 preempts the tribal resolution and that the tribal council is acting unlawfully. this is the piece that i am looking at
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Homework
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 3 months ago.
Ok great. I need help identifying constitutional law issues and supporting them with cases. Would you like an example?
Customer: replied 3 months ago.
I do not wish to talk, can we communicate by typing?
Expert:  RobertJDFL replied 3 months ago.

From your original question I thought you were just having trouble identifying the issue. Case research would be beyond the scope of what I can do. Can you clarify what your question is?

(By the way, solicitations for phone calls are generated by the site automatically, not by me).

Customer: replied 3 months ago.
OK can you help me identify the constitutional issues presented?
Expert:  RobertJDFL replied 3 months ago.

Sorry for the delay. Here are the issues that I see:

1) Does VFA 2016 preempt the trial council from passing a resolution requiring all children born on the reservation to be vaccinated ?

2) Did the Vermont legislature have the authority, through the Native American Act to permit hunting and fishing on tribal land?

3) Were the convictions of Lightning Johnson and six other BCB individuals under CPA 2015 legal, given that the members were on tribal lands and operating a sweat lodge?

Customer: replied 3 months ago.
Can you help me answer them?
Customer: replied 3 months ago.
These are the issues I came up with:
Can the Vermont state legislature extinguish BCB’s tribal status?
Can the Vermont state legislature allow state permitted hunting and fishing on BCB trust land?
Can the Vermont state legislature prosecute BCB individuals for violating the CPA 2015 by causing the deaths of bats in trust land?
Can the BCB tribal council require compulsory vaccination?
Does the VFA 2016 preempt tribal resolution?
Expert:  RobertJDFL replied 3 months ago.
THIS ANSWER IS LOCKED!

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