In a ruling that could have cascading effects on the indigenous tribes of Washington state, the U.S. Supreme Court has held that the federal government and the states have select, concurrent jurisdiction over Indian country
Lummi Nation Restoration Specialist Chris Phair , U.S. Department of Agriculture Natural Resources Conservation Service Resource Conservationist Jarad Hamman and NRCS Tribal Liaison Robin Slate In a ruling that could have cascading effects on the indigenous tribes of Washington state, the U.S.
In 2015, Victor Manuel Castro-Huerta was charged by the State of Oklahoma with child neglect of his Cherokee Indian step-daughter while living in Tulsa. Following a change in federal classification of eastern Oklahoma’s Creek Nation reservation, Castro-Huerta appealed, arguing that only the federal government had the authority to prosecute his case.
Authoring the minority opinion, Justice Neil Gorsuch wrote, “Native American Tribes retain their sovereignty unless and until Congress ordains otherwise, referencing legal precedent in which the Supreme Court rejected the state of Georgia and former President Andrew Jackson’s attempt to “flout” state authority over tribal lands as “a show of force.”
“Where this Court once stood firm, today it wilts. After the Cherokee’s exile to what became Oklahoma, the federal government promised the Tribe that it would remain forever free from interference from state authorities. Only the Tribe or the federal government could punish crimes by or against tribal members on tribal lands … Now, the State seeks to claim for itself [that] power.”
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