Skip to content
Search AI Powered

Latest Stories

Gorsuch Sides With Liberal Justices To Rip Majority's 'Embarrassing' Ruling About Crimes On Indigenous Lands

Gorsuch Sides With Liberal Justices To Rip Majority's 'Embarrassing' Ruling About Crimes On Indigenous Lands
National Archives; Andrew Harnik - Pool/Getty Images
Make us preferred on Google

On Wednesday, the United States Supreme Court ruled 5-4 that states have jurisdiction concurrent with the federal government to prosecute crimes committed by non-Indigenous peoples against Indigenous peoples on tribal lands.

The decision led by the court's conservative theocratic majority is being cited as a clear attack on tribal sovereignty.




One critic of the decision was usually conservative Justice Neil Gorsuch.

Controversial Justice Brett Kavanaugh wrote the majority opinion joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett.

Gorsuch joined the minority opinion with the court's three liberal Justices—Stephen Breyer, Elena Kagan, and Sonia Sotomayor.

Gorsuch wrote:

"Today the Court rules for Oklahoma."
"In doing so, the Court announces that, when it comes to crimes by non-Indians against tribal members within tribal reservations, Oklahoma may 'exercise jurisdiction'. Ante, at 4."
"But this declaration comes as if by oracle, without any sense of the history recounted above and unattached to any colorable legal authority. Truly, a more ahistorical and mistaken statement of Indian law would be hard to fathom."

He added:

"Tribes are not private organizations within state boundaries."
"Their reservations are not glorified private campgrounds."
"Tribes are sovereigns."
"And the preemption rule applicable to them is exactly the opposite of the normal rule. Tribal sovereignty means that the criminal laws of the States 'can have no force' on tribal members within tribal bounds unless and until Congress clearly ordains otherwise."

The Native American Rights Fund (NARF) and the National Congress of American Indians (NCAI) issued a joint statement on the ruling.

In a press release, they wrote:

"Today, the U.S. Supreme Court, in a 5-4 decision, overturned the long-held understanding that states do not have authority to prosecute non-Indians who commit crimes against Indians in Indian country."
"The Court, in Castro-Huerta v. Oklahoma, held that 'the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country', which strikes against tribal sovereignty and jurisdiction to protect tribal citizens."
"The consequences of the decision–for Tribal Nations, the federal government, and states–will take time to unravel."

NCAI President Fawn Sharp stated:

"The Supreme Court’s decision today is an attack on tribal sovereignty and the hard-fought progress of our ancestors to exercise our inherent sovereignty over our own territories."
"It was only a few months ago that Congress loudly supported tribal sovereignty and tribal criminal jurisdiction with the passage of the Violence Against Women’s Act, reaffirming the right of Tribal Nations to protect their own people and communities, but make no mistake, today, the Supreme Court has dealt a massive blow to tribal sovereignty and Congress must, again, respond.”

NARF Executive Director John Echohawk said:

"Unauthorized and unconsented intrusions on tribal sovereignty are antithetical to tribal sovereignty and tribal treaty rights."




Gorsuch further stated:

"In the end, the Court cannot fault our predecessors for today’s decision. The blame belongs only with this Court here and now."
"Standing before us is a mountain of statutes and precedents making plain that Oklahoma possesses no authority to prosecute crimes against tribal members on tribal reservations until it amends its laws and wins tribal consent."
"This Court may choose to ignore Congress’s statutes and the Nation’s treaties, but it has no power to negate them."
"The Court may choose to disregard our precedents, but it does not purport to overrule a single one."
"As a result, today’s decision surely marks an embarrassing new entry into the anticanon of Indian law. But its mistakes need not—and should not—be repeated."

While on the surface, allowing local and state jurisdiction on tribal lands seems beneficial in prosecuting criminals, Kavanaugh's opinion effectively rules tribal lands are part of any state whose borders they fall within.

But tribal lands are held by sovereign nations through treaties with the United States government and most often predate the creation of the individual states. They also cross state and international borders.

Treaties with tribal nations should be honored in the same way as any other treaty the USA signed with another sovereign nation, such as Canada, Germany or Japan.

South Dakota Republican Governor Kristi Noem tried to force Indigenous nations within her state borders to ignore pandemic protocols, threatening to call out law enforcement or the National Guard.

A ruling such as Kavanaugh's gives credence to Noem's overreach.

More from News

Andy Cohen, Anderson Cooper and Cheri Oteri
@latenightercom/X

Cheri Oteri Just Revived Her Iconic Barbara Walters Impression During CNN's America 250 Broadcast—And Anderson Cooper Totally Lost It

He may be one of the most poised news anchors out there, but even CNN's Anderson Cooper isn't immune to the church giggles—especially when Cheri Oteri is around.

The legendary SNL alum joined CNN's coverage of America's 250th birthday, doing her impression of Barbara Walters.

Keep ReadingShow less
Larry David; Donald Trump; Rob Reiner
HBO; Mandel Ngan/AFP via Getty Images; HBO

Rob Reiner Gets In One Last Dig At Trump In Surprise Final Acting Role Alongside Larry David—And It's A Mic Drop

Viewers this week of Larry David's new HBO historical sketch comedy series Life, Larry and the Pursuit of Unhappiness: An Almost History of America learned that the late award-winning actor and director Rob Reiner filmed a sketch for the show before his death in December of 2025.

His appearance in the show, playing the United States' first President George Washington, was kept secret until the episode aired on Thursday, July 2.

Keep ReadingShow less
Donald Trump; Giorgia Meloni
Aaron Schwartz / AFP via Getty Images; Ludovic Martin / AFP via Getty Images

Trump Ripped After Mocking Italy's Prime Minister Giorgia Meloni With Bizarre 'Restraining Order' Meme

President Donald Trump was criticized after he continued his feud with Italian Prime Minister Giorgia Meloni by sharing a photo of her looking up at him with the words "restraining order needed" above it.

That phrase is featured above a photo Trump shared as part of a flurry of other posts on Truth Social. It features him with Meloni from the recent G7 summit, showing her—who is about a foot shorter than him—looking up in his direction.

Keep ReadingShow less

Woman Sparks Debate About Flight Etiquette After Preaching To Plane About Jesus During Flight In Viral Video

Well, travelers, we've heard flight attendants belt out "I Will Always Love You" on a 6:00AM flight, a young girl sing "How Far I'll Go" from Moana to "entertain" the masses during a delayed Delta flight, and we've even witnessed a surprise wedding, reception and all, down the center aisle before passing out the snacks.

And now, we've witnessed a woman breaking one of the biggest plane etiquette rules in the world, reminding all of the passengers that they could die before the flight begins, all to launch into a prophetic monologue about being saved by Jesus Christ.

Keep ReadingShow less
Bill Nesnidal
@billnes/Instagram

Gay Baseball Fan Opens Up About Painful Homophobic Encounter At White Sox Game To Show Why Pride Nights Are So Important

In a perfect world, we'd all be welcome in any space at any time without any fear of danger or hate.

But we all know that isn't the world we currently live in, which makes specialized spaces all the more vital.

Keep ReadingShow less