Well, I understand his point, because that is a background based (again, wouldn't consider native American a race) system, and as with any system, there are going to be injustice borne out of that system, and since this is background base and not occupational base (a la military jurisdiction) or location base (a la state, federal, county jurisdiction) all type of those issue is going to be arose from those background. Same as those issue coming from military jurisdiction would come from the military and so on.
Problem is, that was the system they choose, again, it's not like the Federal Government had not tried in the past to extend the Federal System to them, and as I said before, why they choose that and not wanting to give up their jurisdiction, which would have been the core of the issue if you want to see it as a racial motivation, I don't know, I am not a Native American activist or a Federal Law historian to have say one way or otherwise, but as I said, that is the system they choose which mean they would have to live with all the issue that come with, same as any other jurisdiction.