Looks at the question of whether, in a time of a public health emergency, tribal governments can enact stronger protection measures than the state in which the reservation is located. Cites the United States Supreme Court's decision in Montana v. United States, which involved tribal civil jurisdiction over nonmembers, as confirmation that they do have that right.
Looks at historical and current data for the Dakotas, Montana, and Nebraska; of the 411 cases examined, 69% have occurred since 2000 and from 2017 through 2019 30-40 cases have been reported annually.