# Can states or the Federal government restrict abortions on Native American lands? **URL:** \ **Category:** Great Debates\ **Created:** [May 22, 2022, 4:01pm UTC](https://boards.straightdope.com/t/can-states-or-the-federal-government-restrict-abortions-on-native-american-lands/964884 "2022-05-22T16:01:18Z")\ **Posts on this page:** 1\ **Showing post:** 10
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 22, 2022, 5:11pm UTC](https://boards.straightdope.com/t/can-states-or-the-federal-government-restrict-abortions-on-native-american-lands/964884/10 "2022-05-22T17:11:05Z")
As a bit of clarification, Public Law 280 was explicitly not a _regulatory_ or _general_ grant of authority, it is confined to criminal code enforcement. Several states in the wake of PL280 tried a few shenanigans–one State attempted to begin levying State property taxes against tribes, the Supreme Court ruled that PL280 had granted no such authority. California attempted to criminalize Indian gaming, but the court ruled that California’s gambling laws were _regulatory_ and not _prohibitory._ Meaning–California had not actually banned gambling, it had _regulated_ gambling such that most gambling was not permitted, but because California had allowed one form of gambling to continue–the State run lottery, its gambling laws were a regulatory regime–and PL280 doesn’t extend regulatory regimes over the reservations. If California had implemented a true criminal ban of all gambling (and shut down the State Lotto), then because it is a listed state under PL280, it could have then shut down Indian casinos. The Indian Gaming Regulatory Act of 1988 which was passed after that case formalized many rules around Indian gaming as it was then becoming a significant issue of concern. States thus fully banning abortion, that are covered by 280, probably could enforce that inside the reservations. States that simply “regulate” abortion through medical regulations probably would not be able to impose those regulations. > [@Cervaise](#): > > These states will certainly enact legislation to the effect that any non-Native resident entering a reservation for the purpose of pursuing an abortion is committing a crime. That ties into a large debate about to what degree States can get away with such laws. That is more of an open question, and was discussed extensively here: [Whats the legality of prosecuting someone for doing something that is illegal in their home state, but legal in another state - In My Humble Opinion (IMHO) - Straight Dope Message Board](https://boards.straightdope.com/t/whats-the-legality-of-prosecuting-someone-for-doing-something-that-is-illegal-in-their-home-state-but-legal-in-another-state/963357) --- _[View the full topic](https://boards.straightdope.com/t/can-states-or-the-federal-government-restrict-abortions-on-native-american-lands/964884)._