Supreme Court's Ruling on Indigenous Sovereignty

By Krithika Dama

On June 29, 2022, in the case of Oklahoma vs. Castro-Huerta, the supreme court ruled that non-Natives who commit crimes against indigenous communities within a reservation can be prosecuted. With this passing, there is a threat to indigenous sovereignty.

Previously, the Cherokee tribe of Oklahoma, was promised that only them and the federal government could punish crimes by or against any members of the tribal community within the reservations. Now states have the power to prosecute non-Natives against tribal members.

This case revolves around a non native man who committed a crime an indigenous girl. This crime occurred inside of a native territory.

Because of this, the local council should have the right for a trial, not the government. In the case it was argued that the tribal council should have jurisdiction over the trial. But, the supreme court issued that the federal government and state have concurrent jurisdiction to prosecute crimes against natives from non-natives in a native American country. This means that the federal and state government have an equal say in crimes by non-indigenous people committed against indigenous people on indigenous land.

This majority opinion ruling of 5 to 4, was written by Justice Brett Kavanaugh, who wrote that tribal lands are a part of the states they reside in, and do not have separate sovereign powers.

The supreme court gave states more power over tribal land, undermining indgenous peoples their autonomy. It also is a sign that the supreme court could further deplete other areas in which as of now the federal and tribal governments have authority. This includes environmental regulation, prosecutions involving domestic violence, sexual assault, education, etc.

This ruling is a threat for tribal councils to no longer have jurisdiction over crimes that nonnative people commit against them on their land. The vast majority of crimes committed are those by non-native people. This means justice for those will be much harder to find.