5. Native American Lands
The history of disputes over native American lands is as long as our nation’s existence, however, a recent case has highlighted another issue. When non-Indian Victor Manuel Castro-Huerta was convicted for the neglect of his Cherokee Indian stepdaughter, his case was dismissed on appeal. A state appeals court in Oklahoma made the decision that because the crime was committed in Indian country, it was outside of the state’s jurisdiction.
The landmark decision before the Supreme Court is whether the state has the authority to prosecute non-Indians who commit crimes against Indians in Indian country. In 2020, Justice Neil Gorsuch and several of his more liberal leaning colleagues stated that Oklahoma had no jurisdiction to prosecute an Indian who had committed a crime in Indian country.
