Comment Submitted by Roger Clegg, Center for Equal Opportunity

Unless there is an explicit statutory mandate to do so, there should be no preferences given on the basis of "Indian" (racial) as opposed to "tribal" (political) status. See Morton v. Mancari. The former is a racial classification and, therefore, triggers strict scrutiny and is presumptively unconstitutional. See Adarand Constuctors, Inc. v. Pena and Personnel Administrator v. Feeney. (The three decisions cited are all from the U.S. Supreme Court.)