In the case of Ewert v. Bluejacket, a dispute over land inheritance was brought to the Supreme Court in 1921. The plaintiff, Ewert, claimed that he had purchased inherited Indian lands from Bluejacket and her children who were members of the Shawnee Tribe. However, under an Act passed by Congress in 1906 known as Burke Act or Forced Patenting Act which amended Dawes Allotment Act of 1887 (General Allotment Act), these sales were deemed invalid if made within five years after patent without approval from Secretary of Interior Department due to restrictions on alienation imposed for protection against improvident sales by Native Americans. Despite this law being repealed later in 1908 with respect to certain tribes including Shawnees', it remained effective during time when sale occurred between parties involved here i.e., prior to its repeal date. Ewert argued that since act's repeal removed restrictions retrospectively too hence his purchase should be considered valid but court rejected this argument stating that repealing act did not have retrospective effect thus any such transactions done during period when restriction was still applicable are void ab initio (from beginning). Therefore, court ruled against Ewert upholding validity and purpose behind original legislation aimed at protecting interests of native tribal communities.

In the dissenting opinion for Ewert v. Bluejacket, it was argued that the majority's decision to deny Mrs. Bluejacket her late husband's allotment of land contradicted previous rulings and interpretations of relevant laws. The dissent emphasized that under existing legislation, a widow was entitled to inherit her deceased spouse’s property if he died without a will (intestate). They contended that Mr. Bluejacket had not made any valid conveyance or transfer of his land before his death which would prevent this inheritance from occurring as per usual legal procedure. Furthermore, they disagreed with the majority's interpretation of Congressional intent behind certain statutes related to Native American lands and rights; in their view, Congress did not intend for these laws to be used in such a way as to disinherit widows like Mrs. Bluejacket.