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Many questions loom in the wake of the Supreme Court leak that will overturn the Roe V. Wade decision. At the state level, one such question is if the State will be able to enforce those abortion bans on tribal lands. This comes in the wake of the McGirt decision. Legal analyst Irven Box says it remains a gray area:

“The same law we see through the McGirt decision will apply to the tribes as it does to the abortion law. I don’t think the issue of tribal lands comes up whatsoever. I don’t think it was considered.”

Box also believes that the McGirt decision would protect a tribal doctor from performing an abortion on native lands:

“I have talked with other lawyers and some judges about, could a tribal member open an abortion clinic on Tribal Land. Unless the tribe makes specific law that prohibit it, I say yes.”

There are no abortion clinics on tribal lands currently, but if one did exist it is unclear if a non-tribal member would be able to get the abortion after six weeks, the restriction in place currently.