117th Congress, 2d Session
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This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by the state of Oklahoma, but he appealed based on the fact that the state of Oklahoma did not have the jurisdiction to charge and sentence him, per the McGirt ruling. The US Supreme Court decided that "States have the jurisdiction to prosecute crimes within their territory except when preempted by federal law or by principles of tribal self-government." Oklahoma is not a named state in US Public Law 280, which means that this ruling sets a precedent for any state to expand jurisdiction into Indigenous land. Justice Kavanaugh delivered the opinion with Roberts, Thomas, Alito, and Berrett joining. Gorsuch dissented along with Breyer, Sotomayor, and Kagan.
Cherokee Nation, ᏣᎳᎩᎯ ᎠᏰᎵ, Tsalagihi Ayeli, US Supreme Court, US Supreme Court decision, legal precedent, lawsuit, litigation, US Public Law 280, PL-280, jurisdiction, prosecution, reservations, McGirt v. Oklahoma
Cherokee Nation, ᏣᎳᎩᎯ ᎠᏰᎵ, Tsalagihi Ayeli, US Supreme Court, State of Oklahoma
Brett Kavanaugh, John Roberts, Clarence Thomas, Samuel Alito, and Amy Berrett, Neil Gorsuch, Stephen Breyer, Sonia Sotomayor, Elena Kagan, Victor Manuel Castro-Huerta
Government Printing Office
American Politics | Indigenous, Indian, and Aboriginal Law | Indigenous Studies | Law and Politics | Native American Studies | United States History
Oklahoma v. Castro-Huerta, 597 US _ (2022). https://commons.und.edu/indigenous-gov-docs/176/.
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