Document Type
Brief
Publication Date
4-4-2022
Abstract
The Navajo Nation, the Ute Mountain Ute Tribe, the Southern Ute Tribe, the Crow Nation, and the Cheyenne River Sioux Tribe submit this amicus brief in support of Respondent Castro-Huerta.1 The signatory tribes do so to contest the State of Oklahoma’s argument that states have inherent criminal jurisdiction over crimes committed by non-Indians against Indians in Indian Country. Amici curiae are signatories to “Peace Commission” treaties with the United States that affirm tribal sovereignty over their territory to the exclusion of the states, with the federal government assuming the responsibility to arrest and prosecute non-Indian “bad men” who commit offenses against Indians.
The principle that Indian Country is presumptively outside state jurisdiction is well-established, arising out of the United States’ unique government-to- government relationship with tribal nations, most prominently recognized by this Court in Worcester v. Georgia, 31 U.S. 515 (1832). While this arrangement has been subject to change by Congress in specific situations (see, e.g., Act of August 15, 1953, Pub. L. No. 83- 280; 25 U.S.C. § 1321 et seq.; Act of May 21, 1984, Pub. L. No. 98-290, 98 Stat. 201), “[t]he policy of leaving Indians free from state jurisdiction and control is deeply rooted in the Nation’s history.” Rice v. Olson, 324 U.S. 786, 789 (1945). The signatory tribes write separately to illustrate how the Peace Commission treaties generally, and the “bad men” clauses specifically, support these general principles in the context of criminal jurisdiction. The Peace Commission treaties, and the subsequent disclaimer clauses in state enabling acts, reflect Congress’s consistent and durable policy of federal jurisdiction over crimes by non-Indians against Indians in Indian Country, to the exclusion of the states.
The signatory tribes have an interest in vindicating their treaty rights to federal prosecution of non- Indians, and in excluding states from exercising authority within their territory absent tribal consent and congressional action. Finally, the signatory tribes write to illustrate how states, despite their lack of inherent authority, can collaborate with the federal government and tribal nations to supplement law enforcement in Indian Country.
Publisher
The Supreme Court of the United States
Volume
Docket No. 21-429
First Page
i
Last Page
32
Keywords
Peace Commission Treaties, Tribal Sovereignty, Government-to-government relationship, Criminal Jurisdiction
Recommended Citation
Brief for the Navajo Nation, et al. as Amici Curiae Supporting Respondent, Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022) (No. 21-429).