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State allowed to prosecute man

So he needs a "significant degree of Indian blood" and that he is "recognized as an Indian by a tribe or society of Indians or by the federal government" - given the history of genocidal policy pursued by this country towards Native people, you might consider ANY Indian blood to be "significant." Additionally, how does this judge (who I assume is not a geneticist or medical specialist of any sort) decide what is a "significant degree of Indian blood?"