The legal strategy they pursued was ancient in concept and explosive in this context: habeas corpus.

A writ of habeas corpus requires a custodian to justify a prisoner’s detention before a court.

It is one of the central legal protections against imprisonment without lawful authority.

Standing Bear’s attorneys were not initially asking Judge Elmer Dundy to redesign all of United States Indian policy.

They were asking a narrower question with enormous consequences:

By what lawful authority was this man being held?