Guest Column: High court’s decision undermines tribal Council’s authority

By LoRenzo Bates
Special to the Times

The decision issued by the Navajo Nation Supreme Court to render null and void the Council resolutions calling for a new election and pardoning the former Board of Election Supervisors, is very troublesome in that it greatly undermines the legislative authority of the Navajo Nation Council.

For the Supreme Court to say that the Navajo people are the governing power is accurate; however, the people have elected the members of Council who serve at the will of the people to be a voice of the people.

Each member of Council has the absolute right to introduce legislation; especially when a large number of our people felt they had been disenfranchised. By introducing legislation to address the election issues, Council members were simply acting at the overwhelming will of the Navajo people.

Yes, there are many people on both sides of the issue. However, the 22nd Navajo Nation Council sought a way of rectifying the problem that evolved from ambiguities within our laws.

As the policy-makers of our Nation, I implore our legislative body to continue to address the “gray areas” of our laws, particularly our election laws and to continue to be a voice for the people. It is the prerogative of the 23rd Navajo Nation Council to address the issues that affect the Navajo Nation at all levels.

I must also share my disdain for some of the language found in the Supreme Court’s decision. For the Chief Justice of the Navajo Nation to characterize the efforts of the Council as “feeble” and “self-interested” is slanderous and without merit. I recommend to the Chief Justice to maintain a higher level of respect and dignity when addressing matters of great significance to our people.

By approving the two legislations, the Council’s intent was to bring about a legislative remedy and for the Court to invalidate the actions of the Legislature is beyond the authority of the Judicial Branch.

The offer of “talking this out” is not acceptable by the Court and so we have no choice but to review the decision of the court. Together, the 23rd Navajo Nation Council will consult with one another and determine the path that is best for the Navajo People.

LoRenzo Bates is speaker of the 23rd Navajo Nation Council and represents the San Juan, Tiis Tsoh Sikaad, Newcomb, Tse Daa Kaan, Nenahnezad and Upper Fruitland chapters.

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