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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.
Exclusive jurisdiction over tribal subject matter also belongs to the tribal courts. In divorce cases, tribal courts have exclusive jurisdiction over divorces between Indians living in Indian country. [37] In some divorce cases involving Indians living outside Indian country, the tribal and state courts may have concurrent jurisdiction. [38]
Suquamish Indian Tribe, the Supreme Court, in a 6–2 opinion authored by Justice William Rehnquist, concluded that tribal courts do not have jurisdiction over non-Indians (the Chief Justice of the Supreme Court at that time, Warren Burger, and Justice Thurgood Marshall filed a dissenting opinion). But the case left unanswered some questions ...
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.
Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), was a United States Supreme Court case related to McGirt v. Oklahoma, decided in 2020.In McGirt, the Supreme Court ruled that the U.S. Congress never properly disestablished the Indian reservations of the Five Civilized Tribes in Oklahoma when granting its statehood, and thus almost half the state was still considered to be Native American land.
McGirt v. Oklahoma, 591 U.S. ___ (2020), was a landmark [1] [2] United States Supreme Court case which held that the domain reserved for the Muscogee Nation by Congress in the 19th century has never been disestablished and constitutes Indian country for the purposes of the Major Crimes Act, meaning that the State of Oklahoma has no right to prosecute American Indians for crimes allegedly ...
The New Mexico Supreme Court on Tuesday ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that ...
The court noted that in previous Supreme Court rulings, the determination of tribal jurisdiction was based on the tribal membership of the individual, not on his race as an Indian. [49] This meant that double jeopardy attached. [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. [fn 13] [53]