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

screenshot of debate video between Dan Sullivan and Mary Peltola

Dem Candidate Trolls GOP Senator After He Was Caught Looking At Her Debate Answer In Cringey Viral Video

On Saturday in Kodiak, Alaska, Senate candidates faced off at the Kodiak Chamber of Commerce fishery debate.

Republican incumbent Dan Sullivan was to spar with his Democratic opponent, former Representative Mary Peltola, who is Yup'ik and was the first Alaska Native ever elected to Congress. Sullivan is a lawyer and former state Attorney General. Peltola was a commercial fisher and former member of the state legislature.

Keep ReadingShow less
Abdul El-Sayed; Tucker Carlson
Finn Gomez/Getty Images; Chip Somodevilla/Getty Images

Abdul El-Sayed Gets Unlikely Ally After Tucker Carlson Defends His Past Comments About 9/11 As 'Obviously Right'

Michigan Democratic Senate nominee Abdul El-Sayed found an unlikely ally in far-right commentator Tucker Carlson, who defended him amid conservative outrage over El-Sayed's past remarks about the September 11 terror attacks and their aftermath.

Conservatives lashed out at El-Sayed, a democratic socialist, after the New York Post brought attention to remarks made about the U.S. response to the attacks during a Sept. 7, 2021, episode of the America Dissected podcast.

Keep ReadingShow less
Screenshot of Donald Trump and Laura Ingraham
Fox News

Laura Ingraham Pressed Trump On Why He Doesn't Just Give $5k To Americans 'Now'—And We Love To See It

Fox News host Laura Ingraham had people nodding their heads after she bluntly asked President Donald Trump why he doesn't just give people money now after pledging to give every adult American a $5,000 "dividend" check if Republicans win the midterm elections.

Democrats have dismissed Trump's proposal as a bribe, and an analysis by the Committee for a Responsible Federal Budget determined the proposal would cost taxpayers $1.2 trillion at a time when critics are calling for the Trump administration to reel in government spending on various projects during a nationwide affordability crisis.

Keep ReadingShow less
Celine Dion performs on the opening night of her residency at Paris La Défense Arena on September 12, 2026.
Samir Hussein/WireImage

Celine Dion Just Made Her Triumphant Return To The Stage After 6 Years—And She Sounds Incredible

There are comebacks, and then there’s Celine Dion walking back onto a Paris stage after six years and reminding everyone exactly who she is.

Over the weekend, the 58-year-old music icon took the stage at Plénitude Arena in Nanterre, just outside Paris, for her first full concert in more than six years. It was a milestone that once seemed anything but guaranteed amid her battle with stiff person syndrome.

Keep ReadingShow less
Mike Johnson; Brandon Herrera
CNN

Mike Johnson Slammed After Defending MAGA House Candidate Who Gave Babies NSFW Nickname In Sexist Rant

Gun-rights activist, firearms manufacturer, and Texas Republican House candidate Brandon Herrera has drawn widespread backlash over his repeated misogynistic attacks against women, for referring to children as "c*m trophies," and for calling a Nazi-era submachine gun "the original ghetto blaster."

Herrera posted all of this on his YouTube channel and stands behind all of it without apology.

Keep ReadingShow less