🚨 OK v. Castro Huerta: Kavanaugh writes for 5-4 Court that

[In It to Win It]

Leah Litman
@LeahLitman

OK v. Castro Huerta: Kavanaugh writes for 5-4 Court that states have concurrent jurisdiction to prosecute crimes committed by "non-Indians against Indians in Indian country."

This is a loss for tribal sovereignty & limits the Court's prior op in McGirt. https://supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf

Justice Gorsuch writes the dissent, joined by 3 democratic appointees.

This is a pretty bad sign about where Justice Barrett will be on tribal law/federal Indian law issues.

I predicted this would be how it would go if Kavanaugh had the opinion:

RBG had been with the 5-4 majority in McGirt v OK, which concluded the Creek reservations remained in tact & reaffirmed tribal sovereignty.

But she was replaced by Barrett, who discarded the cases saying that states can't prosecute crimes on reservations involving Native Ams.

The opening to Gorsuch's dissent:





there will be more SCOTUS opinions, since quickly rolling back an affirmation of tribal sovereignty when #SCOTUS personnel changes isn't already bad enough.

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[Igel]

1. If that's accurate,

wouldn't that mean that a state that makes doctors criminal for providing abortions then be liable if the clinic is on a tribal reservation and the doctor wasn't a Native American (perhaps a member of that specific tribe)?

Just an idle question.

[LeftInTX]

7. Yes

[uponit7771]

10. Yep !!

[Delmette2.0]

2. Can someone on Twitter post more?

Those of us not on twitter need to understand the rest of the story.

[mahatmakanejeeves]

4. Some appropriate Twitter accounts

https://twitter.com/AHoweBlogger

https://twitter.com/SCOTUSblog

https://twitter.com/scotusreporter

https://twitter.com/mjs_DC

https://twitter.com/LeahLitman

Mark Joseph Stern Retweeted

The Supreme Court's first decision of the day is Oklahoma v. Castro-Huerta. In a 5–4 opinion by Kavanaugh, the court holds that both the federal government and Oklahoma can prosecute crimes committed by non-Indians against Indians in Indian country. https://supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf

This decision rolls back the Supreme Court's landmark ruling in McGirt v. Oklahoma. While RBG voted in favor of tribal sovereignty, Amy Coney Barrett now votes against it, and her vote makes the difference. Gorsuch dissents, joined by the liberals. https://supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf

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And this is why I am so deeply concerned about Brackeen - the Indian Child Welfare Act case.

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[In It to Win It]

5. Love Leah

I joined Twitter to follow Leah Litman

[mahatmakanejeeves]

6. Thank you so much for linking to her, and for your posts this morning and all the other mornings. NT

[Delmette2.0]

8. Thanks.

I was concerned about the Indian Child Welfare Act.

Before I retired I worked in the financial support (accounting) part of Foster Care. I understood what it meant to the Tribes to control where the children were placed and all the details that involves.

Thank you so much for all the information.

[mahatmakanejeeves]

3. From two weeks ago, "Gorsuch is becoming one of the strongest advocates for American Indian rights."

Wed Jun 15, 2022: Supreme Court sides with Native American tribes in dispute with Texas about gambling on reservations

Opinion #3 of the day (and still more to come): The Supreme Court sides with Native American tribes in a dispute with Texas about what types of gambling on reservations the state can control.

Here's the opinion from Neil Gorsuch in Ysleta del Sur Pueblo v. Texas: https://supremecourt.gov/opinions/21pdf/20-493_jgko.pdf. The ruling is 5-4, with Gorsuch, Barrett and the three liberals in the majority. Roberts, Thomas, Alito, and Kavanaugh dissent.

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Gorsuch putting together a fascinating body of jurisprudence on Native American rights.

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Gorsuch is becoming one of the strongest advocates for American Indian rights.

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He has been since before coming to the Supreme Court. Many of his opinions on the appellate court were also in support of tribal rights and similar issues.

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[mahatmakanejeeves]

9. Hey Ken, I practice in the NDOK and EDOK, this is from one of our sovereign nations:

BrandenburgTestHat Retweeted

Hey Ken, I practice in the NDOK and EDOK, this is from one of our sovereign nations:

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The U.S. Supreme Court’s ruling today in Castro-Huerta v Oklahoma is an alarming step backward for justice on our reservation in cases where non-Native criminals commit crimes against Native people. 1/8
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Also, from Cherokee Nation:

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