Tribe members react to Supreme Court decision that strikes at the issue of tribal sovereignty
CHICAGO -- Within a week’s time the Supreme Court has overturned Roe v. Wade and ruled that law enforcement officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them. And on Wednesday came the ruling that Oklahoma has the authority to prosecute non-Native Americans who commit crimes against a Native person on tribal lands, giving jurisdiction to the state and local law enforcement where prior it was solely federal and tribal.
This week’s 5-4 decision stems from the case of , where Oklahoma state prosecutors charged Victor Castro-Huerta for the malnourishment and neglect of rulingwhere he can only be federally prosecuted. McGirt upheld that under the Major Crimes Act, Oklahoma cannot prosecute crimes by Native citizens on tribal lands without federal approval.
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