Aila Hoss (University of Tulsa College of Law) has posted COVID-19 and Tribes: The Structural Violence of Federal Indian Law (Arizona State Law Journal Blog, Forthcoming) on SSRN. Here is the abstract:
Like countless other health conditions, the COVID-19 pandemic has resulted in inequalities. People of color are experiencing not only higher rates of COVID-19 infections but also worse outcomes from the infection. American Indians and Alaska Natives are experiencing COVID-19 infections at higher rates than other groups across several states including Arizona, New Mexico, and Wisconsin. The Navajo Nation, in particular, has been adversely impacted by COVID-19. The Tribe has had over 9,300 cases with 472 deaths as of August 9, 2020. By May 2020, the Navajo Nation had displaced New York City as having the highest per capita rates of COVID-19 infections in all the United States.
This essay argues that, but for federal Indian law, American Indians and Alaska Natives would not have experienced the pervasive inequalities in COVID-19 response and health outcomes. It discusses the negative impact of federal Indian law on health outcomes generally before offering a specific discussion on the failures of federal Indian law in the context of the COVID-19 pandemic. It acknowledges the sad reality that the impact of these failures will continue to manifest in other forms, including trauma-related conditions.