In a complex 5-4 ruling that narrows its own 2020 decision enhancing tribal authority in Oklahoma, the Supreme Court ruled June 29 in favor of state’s prosecution of a non-Native American man convicted of neglecting his young Indian step-daughter on Indian territory.
The decision is a win for the state of Oklahoma and the principle of state sovereignty.
Justice Brett Kavanaugh wrote the majority opinion (pdf) in the case known as Oklahoma v. Castro-Huerta (court file 21-429). His opinion was joined by Chief Justice John Roberts, along with Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett.
Justice Neil Gorsuch wrote a dissenting opinion, which was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan….