He never was. The point can be made that we are small in number, without a loud voice to tell our side. Even small victories are won in the courts are at great cost of money and time. It is pehaps a sure way though, to work within the system and become part of it. Slow change, it is said, is sure change.
Permanence comes from deep roots, roots take time to grow.
Maybe we will lose no more, not risk what little we have left to us. This is where we now are. The courts sometimes in our favor, but even then there may be no change. In 1980, the Supreme Court found in favor of the Lakota Nation, stating that the Tribal lands of the Black Hills had be taken by deceit and fraud. No wonder many Indians have no trust in the courts of the White Government.