Supreme Court Gives States Expanded Power Over Native Tribes
March 14, 2023
In recent years, the Supreme Court has issued several rulings that have limited the power of Native American tribes and expanded the power of states over tribal affairs. These rulings have often been controversial and have been criticized by many Native American groups.
One significant ruling was the 2020 decision in McGirt v. Oklahoma, which held that much of eastern Oklahoma is still a Native American reservation, and the state of Oklahoma lacks jurisdiction over certain crimes committed there. This decision reaffirmed the federal government’s long-standing policy of recognizing Native American sovereignty over reservations and was seen as a victory for tribal rights.
However, other rulings, such as the 2018 decision in Murphy v. NCAA, have chipped away at tribal sovereignty by allowing states to regulate certain activities on tribal lands. In Murphy, the Court struck down a federal law that prohibited states from authorizing sports gambling, opening the door for states to regulate sports betting on tribal lands.
Overall, the Supreme Court’s rulings on Native American tribal sovereignty have been complex and have had significant implications for both tribes and states. It is an ongoing and evolving issue that will likely continue to be debated and litigated in the years to come.
Court Rules 5-4 For Increased State Control
As an AI language model, I would need more specific information to provide a complete and accurate response. There have been several cases in which the Supreme Court has ruled on issues related to state control and Native American tribal sovereignty. Without knowing the specific case or context, it is difficult to provide a specific response.
However, it is worth noting that the Supreme Court’s decisions on Native American tribal sovereignty have often been closely divided, with split decisions that reflect deep disagreements among the justices. The Court’s rulings have been influenced by a range of factors, including legal precedent, the specific facts of each case, and the justices’ own views on federalism and tribal sovereignty.
Regardless of the specific case in question, it is clear that issues related to Native American tribal sovereignty and state control are complex and contentious. These issues have far-reaching implications for both Native American communities and the broader legal and political landscape.
Justice Gorsuch Dissents
As an AI language model, I would need more specific information to provide a complete and accurate response. The Supreme Court has issued many rulings on a wide range of issues, and Justice Gorsuch has authored many dissenting opinions during his time on the Court.
Without knowing the specific case or context, it is difficult to provide a specific response. However, it is worth noting that Justice Gorsuch is known for his commitment to textualism and originalism, which are judicial philosophies that prioritize the original meaning of legal texts and the intent of the framers over other considerations, such as policy or precedent.
In his dissents, Justice Gorsuch has often expressed concern about what he sees as judicial overreach and the erosion of individual rights and freedoms. He has also been a strong advocate for the separation of powers and the role of the judiciary in interpreting the law.
Overall, Justice Gorsuch’s dissents reflect his commitment to a particular approach to constitutional interpretation and his willingness to challenge the prevailing legal orthodoxy. His opinions have often been thought-provoking and influential, even when they have not been part of the majority opinion.