SCOTUS backs Oklahoma in case regarding crimes on tribal lands
The Supreme Court on Wednesday ruled 5-4 to allow Oklahoma state authorities to prosecute non-Native Americans who commit crimes against Native Americans on tribal lands, The Associated Press and New York Times report.
Wednesday's decision limited in scope a related ruling from 2020 — McGirt v. Oklahoma — that declared much of eastern Oklahoma an American Indian reservation and restricted the state from prosecuting Native Americans accused of crimes on said lands, which include "much of the city of Tulsa," the Times writes. Rather, offenders are to be prosecuted in tribal or federal court. A state court then later ruled that, per the high court's decision, the state is unable to "prosecute anyone for crimes committed on tribal land if either the victim or perpetrator is Native American," AP summarizes.
But the 5-4 decision, written by conservative Justice Brett Kavanaugh, ruled in favor of Oklahoma in its bid to prosecute "Victor Castro-Huerta, a non-Native American convicted of child neglect in a crime committed against a Native American child - his 5-year-old stepdaughter - on the Cherokee Nation reservation," Reuters reports.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Per the new ruling, the state can intervene when victims are tribal members. "The State's interest in protecting crime victims includes both Indian and non-Indian victims," Kavanaugh wrote for the majority.
In the dissent, however, Justice Neil Gorsuch — joined by the court's three liberal members — argued that the decision "allows Oklahoma to intrude on a feature of tribal sovereignty recognized since the founding."
Castro-Huerta has already pleaded guilty to child neglect in federal court, though he has not yet been formally sentenced.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.
-
The week's best photos
In Pictures A flooded island, a ballistic missile, and more
By Anahi Valenzuela, The Week US Published
-
Who actually needs life insurance?
The Explainer If you have kids or are worried about passing on debt, the added security may be worth it
By Becca Stanek, The Week US Published
-
Sexual wellness trends to know, from products and therapies to retreats and hotels
The Week Recommends Talking about pleasure and sexual health is becoming less taboo
By Theara Coleman, The Week US Published
-
'Elevating Earth Day into a national holiday is not radical — it's practical'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Is the Supreme Court about to criminalize homelessness?
Talking Points The court will decide if bans on outdoor camping are 'cruel and unusual'
By Joel Mathis, The Week US Published
-
Myanmar: the Spring Revolution and the downfall of the generals
Talking Point An armed protest movement has swept across the country since the elected government of Aung San Suu Kyi was overthrown in 2021
By The Week Staff Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Is there a peaceful way forward for Israel and Iran?
Today's Big Question Tehran has initially sought to downplay the latest Israeli missile strike on its territory
By Sorcha Bradley, The Week UK Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published