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

TikTok screenshots
@girlcodelettie/TikTok

Woman Floored After Tinder Date Tells Her She Can Only Have 2nd Date With Him If She Follows His Unhinged Rules

A woman who goes by the name Lettie (@girlcodelettie) on TikTok gave people a glimpse into dating in the age of the "Alpha male" with her now viral video.

Her post, viewed over 177,000 times and garnering over 1,000 comments, shared the rules a man told her she must follow in order to earn a second date with him.

Keep ReadingShow less
Josh Hutcherson (left) and AnnaSophia Robb (right) starred in Bridge to Terabithia.
Leon Bennett/Getty Images for HBO; Courtesy of Buena Vista Pictures

Josh Hutcherson Jokingly Apologizes For 'Traumatizing' Entire Generation Of Kids With 'Bridge To Terabithia'

Nineteen years, several Hunger Games and countless therapy sessions later, millennials are apparently still seeking justice for what Bridge to Terabithia did to us.

For anyone fortunate enough to have escaped this childhood trauma, Josh Hutcherson played Jess Aarons in the 2007 fantasy drama alongside AnnaSophia Robb as Leslie Burke. The unlikely best friends create the magical world of Terabithia to escape everyday life.

Keep ReadingShow less
screenshots of Vivek Ramaswamy campaign ad
@vivekgramaswamy/Instagram

Vivek Ramaswamy Dragged After Showing Off His Awkward Baseball Swing In Cringey Batting Cage Campaign Video

Billionaire former Republican presidential and current Ohio GOP gubernatorial candidate Vivek Ramaswamy's athletic prowess is being derided online after his campaign posted a video of him hitting baseballs in a batting cage on Instagram and TikTok on Tuesday.

The ribbing got so bad that the Ramaswamy campaign pulled the video off Instagram, leaving up only a similar one from June in which he wields a tennis racket. Unfortunately for them, plenty of people had already made and shared copies across social media where the merciless mockery continued.

Keep ReadingShow less
Carly Rae Jepsen (left) revealed her baby boy’s name was inspired by Heated Rivalry (right).
Natasha Moustache/Getty Images; Courtesy of Crave

Carly Rae Jepsen Reveals Her Baby's Name Was Inspired By 'Heated Rivalry'—And Fans Are So Here For It

If the Venn diagram of Carly Rae Jepsen fans and Heated Rivalry fans wasn’t already a circle, this might finally do it.

The "Call Me Maybe" singer just revealed that her first child with husband Cole M.G.N. is a baby boy named Ilya—and yes, that Ilya may have had something to do with it. While speaking with The Hollywood Reporter about her new album, Day and Night, Jepsen opened up about her love for Heated Rivalry before casually dropping the baby-name revelation.

Keep ReadingShow less
Donald Trump; meme showing firefighters carrying Donald Trump
Kevin Dietsch/Getty Images; @AnnieforTruth/X

Trump's Dubious Claim That Two 'Big Strong' Firemen Carried Him Away From Danger On 9/11 Sparks Hilariously Fitting Memes

After President Donald Trump dubiously claimed that two firefighters picked him up and rushed him away from a building they thought was about to collapse after the September 11 terror attacks, social media users reacted with a flurry of memes to mock his latest lie about the event.

Trump made the claim during Tuesday’s Tunnel to Towers event on the Ellipse. He said that firefighters had actually pulled him to safety after hearing that a building would collapse near Ground Zero.

Keep ReadingShow less