The Supreme Court's ruling in Oklahoma v. Castro-Huerta allows states to prosecute non-Natives on Native land, undermining tribal sovereignty and overturning centuries of precedent.
The case highlights the ongoing campaign to erode tribal rights, devolve power to the Supreme Court, and disregard historical legal agreements.
Deep dives
Oklahoma's authority to prosecute crimes on tribal land
The Supreme Court case, Oklahoma v. Castro Huerta, raises the question of whether any state has the authority to prosecute non-natives who commit crimes against Native Americans on tribal land. The court ruled in favor of Oklahoma, paving the way for erasing tribal sovereignty and overturning centuries of precedent. The case highlights the ongoing campaign to undermine tribal rights and jurisdiction.
The history of federal Indian law and tribal sovereignty
The case delves into the history of federal Indian law and the relationship between tribes and the American government. The Constitution grants the federal government authority over Indian affairs, including the power to enter into treaties and manage relations with tribes. Throughout history, treaties and statutes have recognized tribes as separate sovereign entities, not fully absorbed into American government control. The question in this case is who has jurisdiction over crimes committed by non-Indians against Indians on tribal land.
The dispute over jurisdiction and the Supreme Court's decision
In this case, Manuel Castro Huerta, a non-Indian, was convicted in Oklahoma state court of child neglect on Indian lands. However, according to federal Indian law and recent Supreme Court rulings, Oklahoma did not have jurisdiction over the case, as it involved an Indian citizen on Indian land. Despite this, the Supreme Court, in a 5-4 decision written by Justice Brett Kavanaugh, determined that Oklahoma does have jurisdiction, undermining tribal sovereignty and disregarding historical legal precedents.
Critiques of the majority opinion and the dissenting opinion
The majority opinion, written by Justice Kavanaugh, justifies Oklahoma's jurisdiction as inherent, without providing a clear legal basis for this claim. The dissenting opinion, written by Justice Gorsuch, points out the flaws in the majority's reasoning and emphasizes the significance of tribal sovereignty and the long-standing agreements between tribes and the federal government. The dissent argues that the majority's decision neglects constitutional and congressional authority, erodes tribal rights, and devolves power to the Supreme Court itself.
Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed by non-Natives on Native land. The holding overturns literally centuries of precedent and clears the way to eliminate tribal sovereignty all together.
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