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This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties .
Tribal courts have exclusive jurisdiction in civil cases against any Indian in Indian country. This includes cases brought against an Indian by a non-Indian in Indian country, and all cases between tribal members that arise in Indian country. [36] Exclusive jurisdiction over tribal subject matter also belongs to the tribal courts.
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [ 1 ]
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. [1] The case was decided on March 6, 1978 with a 6–2 majority.
This was the second time the Supreme Court had granted certiorari to the Oneida's land claim. Over a decade earlier, in Oneida Indian Nation of New York v.County of Oneida (1974), the Supreme Court had allowed the same suit to proceed by unanimously holding that there was federal subject-matter jurisdiction to hear the claim. [2]
The ultimate exercise of tribal sovereignty in foster care, in Renville’s eyes, would be for the state to remove itself as the middleman for disbursing Title IV-E funds.
Georgia to challenge federal and state policies that infringe on tribal sovereignty. Recent cases, such as McGirt v. Oklahoma (2020), reaffirmed the principle that treaties with Native nations must be upheld, reinforcing tribal jurisdiction over their historic lands. These rulings highlight the lasting impact of the Cherokee Nation’s legal ...