With no explanation, chose the best option from "A", "B", "C" or "D". and Bands of the Yakima Indian Nation, 492 U.S. 408, 431, 109 S.Ct. 2994, 106 L.Ed.2d 843 (1989). A nonmember’s impact must be “demonstrably serious.” Id. The Estates claim that deaths of tribal members cause damage to the community by depriving the Tribe of potential councilmembers, teachers and babysitters. However, Strate rejected this argument, noting that “if Montana’s second exception requires no more, the exception would severely shrink the rule.” 520 U.S. at 458, 117 S.Ct. 1404. As we stated in Wilson, “[i]f the possibility of injuring multiple tribal members does not satisfy the second Montana exception under Strate, then, perforce, [a plaintiffs] status as a tribal member alone cannot.” 127 F.3d at 815; see also County of Lewis v. Allen, 163 F.3d 509, 515 (9th Cir.1998) (<HOLDING>). Nor does the Tribe’s burial allowance for its

A: holding apprendi does not satisfy second exception in teague
B: holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization
C: holding that a tribes bare interest in the safety of its members cannot satisfy the second exception
D: recognizing the compelling interest in highway safety
C.