A closely divided Supreme Court decision in 2020 greatly increased the expanse of “Indian country” in Oklahoma and disrupted criminal prosecutions there. A case argued Wednesday that seeks to limit the decision showed those divisions remain.
Chief Justice John G. Roberts Jr.'s voice broke with emotion as he recognized Breyer at the close of Wednesday’s hearing. The two are seatmates and perhaps the two members of the Supreme Court most willing to look for compromise in their ideological differences.“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful and hypotheticals downright silly,” Roberts said, at times pausing as he read the statement.
Washington lawyer Kannon K. Shanmugam, representing Oklahoma, said the 2020 decision had disrupted the normal system of prosecuting crimes, because it meant Native Americans who commit crimes on the vastly expanded reservation lands must face justice in tribal or federal courts. He said state prosecutors should at least share responsibility for prosecuting non-Native American defendants.
The state of criminal prosecutions in the state is a matter of dispute between the federal government, the tribes and Oklahoma politicians, led by Republican Gov. Kevin Stitt. Gorsuch was unmoved, saying federal law and the court’s precedents are on the side of the tribes and federal government.Oklahoma reels after Supreme Court ruling on Indian tribes
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