Principal Chief Chuck Hoskin Jr. of the Cherokee Nation said the court “failed in its duty to honor this nation’s promises, defied Congress’s statutes and accepted the ‘lawl…
FLAGSTAFF, Ariz. — A U.S. Supreme Court ruling expanding state authority to prosecute some crimes on Native American land is fracturing decades of law built around the hard-fought principle that tribes have the right to govern themselves on their own territory, legal experts say.
Federal authorities largely maintained exclusive jurisdiction to investigate serious, violent crime on reservations across much of the U.S. when the suspect or victim is Native American. The 5-4 decision from the high court in a case out of Oklahoma means states will share in that authority when the suspect is not Native American and the victim is.
Justice Neil Gorsuch wrote a scathing dissent joined by the court’s three liberal members, saying “one can only hope the political branches and future courts will do their duty to honor this Nation’s promises even as we have failed today to do on our own.” As in the decision in Oklahoma v. Castro-Huerta, tribes did not consent. Neither Congress then nor the Supreme Court now funded the expansion of state authority on tribal land.
Tribes asserted in court filings and elsewhere that the federal government — which has a political relationship with tribes through treaties and acts of Congress — is the appropriate sovereign entity to handle criminal matters. Congress maintains control over Native American and Alaska Native affairs, which are overseen by the Department of Interior.
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