WASHINGTON - The US Supreme Court on Wednesday widened the power of states over Native American tribes and undercut its own 2020 ruling that had expanded Native American tribal authority in Oklahoma, handing a victory to Republican officials in that state.
Conservative Justice Neil Gorsuch, as he did in 2020, joined the court's liberal bloc in favour of Native American interests, but its expanded conservative majority meant that this time he was in the minority. In the McGirt decision, the Supreme Court had recognised about half of Oklahoma - much of the eastern part of the state - as Native American reservation land beyond the jurisdiction of state authorities.
That includes western states with large Native American populations including Arizona and New Mexico. Until now, states generally lacked jurisdiction over such crimes, which were prosecuted by the federal government.Writing in dissent, Gorsuch called Wednesday's ruling a"grim result for different tribes in different states," but said its impact could still be limited by individual treaties and laws passed by Congress.
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