The Supreme Court ruled Wednesday that the state of Oklahoma — as well as the federal government — can prosecute non-Indians who commit crimes against American Indians on Indian territory.
The ruling was 5-4, with Justice Neil M. Gorsuch joining the court’s three liberal members.
Justice Brett M. Kavanaugh delivered the opinion for the court, writing that the Constitution gives states authority over all of their territory — including Indian reservations.
“A state prosecution of a non-Indian does not involve the exercise of state power over any Indian or over any tribe. The only parties to the criminal case are the State and the non-Indian defendant,” Justice Kavanaugh wrote.