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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.
Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), was a United States Supreme Court landmark [2] case in which the Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California. [2]
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] In so doing, the Court advanced a theory of tribal sovereignty that weighed the interests of tribes sufficient to justify a law that, had it been passed by a state legislature or Congress, would have ...
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 ...
More information on The Marshall Trilogy and the first few cases that greatly impacted Native communities: Canby, William C. "The Marshall Trilogy and Its Legacy." American Indian Law Review, vol. 34, no. 1, 2009, pp. 1–27. Provides the history of the Cherokee Nation and the reasons and outcomes of Supreme Court cases: Conley, R. J. (2005).
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.
Elk v. Wilkins, 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision [1] [2] with respect to the citizenship status of Indians. [3]John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of United States.
Herrera v. Wyoming, No. 17-532, 587 U.S. 329 (2019), was a United States Supreme Court case in which the Court held that Wyoming's statehood did not void the Crow Tribe's right to hunt on "unoccupied lands of the United States" under an 1868 treaty, and that the Bighorn National Forest did not automatically become "occupied" when the forest was created.