Democratic, U.S. Senator Claire McCaskill is leading an all-out assault on economically distressed communities, specifically our Native American tribes. On October 5th she introduced a bill that will make it impossible for Native American Tribes that own patents to assert sovereign immunity when exchanges are challenged by the Patent Trial and Appeal board.
Background: The Saint Regis Mohawk Tribe partnered with Allergen. The tribe was paid $13.5 million to take on the patents and given an exclusive license valued at approximately $15 million annually thru their expiration, a legal transaction. In exchange, the tribe assumed ownership and can license the patents back to Allergen exclusively. A business transaction.
This revenue will enable the tribe to address issues including rising healthcare costs among its members, housing, and education. All the Native American tribes want is to take care of their families. Just like you and I.
McCaskill is trying to legislate away Native American Tribe rights.
Enough is enough, Native Americans have suffered for hundreds of years. Stop stripping away their rights.
In 2014 McCaskill went after the SBA’s 8(a) program helps businesses who serve low-income areas and/or are owned by them, including Native American tribes.
What is so unique and important that would cause McCaskill to submit a bill like this?
The US government (Big Government) pressured Native Missouri tribes to cede their lands in the 19th century.
Fast forward, 2017.
Democratic, U.S. Senator McCaskill continues to sabotage Native Americans across the United States.
The Doctrine of Sovereign Immunity applies to the federal government, states, public universities and Native American tribes. American companies can protect their patents by selling their intellectual property to universities and Native American tribes.
McCaskills’ bill singles out only Native American tribes. This is true discrimination. She didn’t object to universities invoking sovereign immunity.
At a recent McCaskill Town Hall in Washington, MO, McCaskill said her only real fear for her upcoming campaign was that the drug companies would come after her. Certainly this gives them reason to.
Legal precedent makes it clear that tribes have sovereign rights to make legal transactions like this one. Why is McCaskill going against the 11th Amendment of our Constitution which spells out these sovereign rights to the Native American Tribes. Apparently McCaskill cares more about attacking tribal sovereignty than she does about the patent issue itself – or she would have included states and their universities in her legislation.
It’s a true double standard and an attack on Native Americans.
Racism and bigotry at their highest level.
Isn’t it fabulous that Native American tribes are being innovative and trying not to ask for handouts. No one really wants welfare. But the Democrats love handouts.
McCaskills’ actions also set a dangerous precedent of chipping away at tribal sovereignty by allowing the federal government to interfere and terminate transactions it does not like.
Why is Senator Claire McCaskill choosing to attack Native Americans?
This bill ONLY discriminates against Native Americans. This is an ambush in the true sense of the word.
To read this bill:
- https://patentlyo.com/media/2017/10/TribalImmunity.pdf
- http://www.newsweek.com/how-racism-fueling-pharma-scandal-over-billion-dollar-patent-680596
Maryann Manion, St. Louis County, Senate District 14
