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

Screenshots from @georgiamaythornley's TikTok video
@georgiamaythornley/TikTok

TikToker Lays Out 5 'Tiny Habits' She Stopped Doing After Realizing She Keeps Spending All Her Money

Most people are going to struggle to save money and maintain a budget at least once in their lives, and the most important thing they can do is be honest about their role in their own finances.

TikToker @georgiamaythornley, for example, finally admitted to herself that she was always spending all of her money before she could set any aside for savings, so she started tracking her spending habits.

Keep ReadingShow less
Marco Rubio and Kimberly Guilfoyle
Mark Schiefelbein / POOL / AFP via Getty Images

Marco Rubio Awkwardly Dodges Question About Kimberly Guilfoyle's Blatant Corruption—As She's Standing Just Feet Away

Secretary of State Marco Rubio was criticized after he shut down a question about former Fox News host and current U.S. Ambassador to Greece Kimberly Guilfoyle following a Wall Street Journal report alleging that she engaged in illegal conduct.

The WSJ reported that Guilfoyle asked Eric Deters, a Trump donor and former congressional candidate, to cover $100,000 in credit card debt before her Senate confirmation hearings. The report said she contacted him through Signal, pressing him to arrange the payment that day and explaining how to send the funds directly to American Express.

Keep ReadingShow less
U.S. President Donald Trump waves as he leaves the stage after speaking during a campaign rally at the Freeman Coliseum.
Win McNamee/Getty Images

Artist Brutally Rips Trump With Naked 'Orange Plague' Sculpture In European Parliament

President Donald Trump has finally received the golden treatment in Europe, although the 8.5-foot-tall naked statue now towering inside the European Parliament probably isn't the tribute he had in mind.

Unveiled in Strasbourg, France, the 23-karat-gold-coated sculpture depicts Trump perched on the shoulders of a smaller, visibly burdened man, clutching an oversized golf club in one hand and the scales of justice in the other.

Keep ReadingShow less
Screenshots from @bsquaredtravels_'s Instagram reel
@bsquaredtravels_/Instagram

Swedish Man Goes Viral With Hack For Optimizing Taco Fillings—And It's Honestly Genius

There's a lot of discourse when it comes to tacos: what qualifes as a taco, what kind of shell to use, which fillings are acceptable... But one thing we can all agree on? You can never have too many tacos.

Instagrammer @bsquaredtravels_ shared a video of their Swedish brother-in-law totally hacking the system when it comes to tacos, and the internet has gone crazy for it.

Keep ReadingShow less
Screenshots from @maddie_bado's TikTok video
@maddie_bado/TikTok

Woman Sparks Debate After Sharing The Signs That You Have A 'Loser Boyfriend' In Viral Videos

Every person who chooses to date will have a list of wished-for traits, attractive traits, and of course, dealbreakers that would likely end the relationship either immediately or, at least, eventually.

TikToker @maddie_bado shared a series on TikTok called "Signs of a Loser Boyfriend," which she believes more women should be aware of so that they can make the most informed decision about what they are gaining from their relationship and whether their partner is able to give them what they want, and vice versa.

Keep ReadingShow less