Outraged About the Overturning of Oklahoma v. Castro-Huerta

On June 29, 2022, the U.S. Supreme Court, in a 5-4 decision, overturned the long-held understanding that states do not have authority to prosecute non-Indians who commit crimes against Indians in Indian country. In Castro-Huerta v. Oklahoma, the Court held that “the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian Country,” which strikes against tribal sovereignty and jurisdiction to protect tribal citizens. The consequences of the decision—for Tribal Nations, the federal government, and states—will take time to unravel. The Castro-Huerta case was a continuation of the 2020 McGirt decision, which reaffirmed the reservation lands of the Muscogee (Creek) Nation and, in effect, reaffirmed that much of Oklahoma remains Indian country to this day for legal purposes. In response, the State of Oklahoma has filed multiple lawsuits to overturn or weaken the McGirt decision. With today’s decision, Oklahoma has not only weakened a component of the McGirt case but has fundamentally altered the long-established understanding of how criminal jurisdiction over non-Indians functions with respect to the federal government, state governments, and Tribal Nation governments. We the people are angry! This is an attack on tribal sovereignty and an example of racial prejudice in the courts! Two hundred years of precedence gone like it was nothing!