Oklahoma engaged in a coordinated effort to disparage Native American tribes and convince the Supreme Court to weaken tribal sovereignty — and it worked, according to Native law experts.
On Wednesday, the Supreme Court sided with the state in Oklahoma v. Castro-Huerta in a 5-4 opinion, holding that the state of Oklahoma had concurrent jurisdiction with the federal government to prosecute some crimes committed on reservations.
But Native law experts said the decision ran counter to nearly 200 years of precedent and has significant implications for what it means for Native nations as sovereigns.
“Truly, a more ahistorical and mistaken statement of Indian law would be hard to fathom,” Justice Neil Gorsuch wrote in a scathing dissent that was joined by the court’s liberal wing, adding: “Tribes are not private organizations within state boundaries. Their reservations are not glorified private campgrounds. Tribes are sovereigns.”
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Justice Neil Gorsuch and native law experts said Oklahoma's plan worked after the recent Supreme Court decision rolled...
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