The Supreme Court on Wednesday issued a ruling stating that states can prosecute crimes against Native Americans, committed on Native American reservations if the defendant is non-native. The case Oklahoma v. Castro-Huerta clarifies some confusion and difficulty had by law enforcement attempting to find justice for victims, despite there being limitations on state law enforcement officials to either investigate or prosecute crimes on Native American designated land.
The decision was penned by Justice Brett Kavanaugh, and was joined by Roberts, Thomas, Barrett, and Alito, with a dissent from Gorsuch, along with Breyer, Sotomayor and Kagan; The Post Millennial reports. The case is primarily about jurisdiction, and the question, as framed by Kavanaugh, is "Under current federal law, does the Federal Government have exclusive jurisdiction to prosecute those crimes? Or do the Federal Government and the State have concurrent jurisdiction to prosecute those crimes?"
Our take:
Gorsuch revealed too much in his dissenting opinion. He went on to recount, on a very generalized and stereotypical narrative, how the American Indians were persecuted in other regions of US Territories. |
The PostMillenial just published this breaking story.
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Sooner Politics
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