The High Court should dismiss Okla. Jurisdiction in Indian Country

By Terry Campo (April 27, 2022, 4:47 p.m. EDT) — At the urging of the State of Oklahoma, on April 27, the United States Supreme Court heard arguments in Oklahoma v. Castro-Huerta, a case that tests whether the states can prosecute non-Native Americans for crimes committed in Indian Country, especially since those crimes involve non-Native Americans committed against Native Americans.

In a written brief, Oklahoma Attorney General John O’Connor noted March 2 that the state can do this because it has “inherent authority to prosecute non-Indians who commit crimes in Indian Country within its borders, unless Congress notifies such authority”.

O’Connor’s reasoning is directly at odds with…

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