Oliphant v. Suquamish Indian Tribe
1978 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians.[1] The case was decided on March 6, 1978 with a 6–2 majority. The court opinion was written by William Rehnquist, and a dissenting opinion was written by Thurgood Marshall, who was joined by Chief Justice Warren Burger. Justice William J. Brennan did not participate in the decision.
Oliphant v. Suquamish Indian Tribe | |
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Argued January 9, 1978 Decided March 6, 1978 | |
Full case name | Mark Oliphant v. Suquamish Indian Tribe |
Citations | 435 U.S. 191 (more) 98 S. Ct. 1011, 55 L. Ed. 2d 209, 1978 U.S. LEXIS 66 |
Case history | |
Prior | Oliphant v. Schlie, 544 F.2d 1007 (9th Cir. 1976); cert. granted, 431 U.S. 964 (1977). |
Subsequent | Oliphant v. Schlie, 573 F.2d 1137 (9th Cir. 1978). |
Holding | |
Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. | |
Court membership | |
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Case opinions | |
Majority | Rehnquist, joined by Stewart, White, Blackmun, Powell, Stevens |
Dissent | Marshall, joined by Burger |
Brennan took no part in the consideration or decision of the case. |
Congress partially abrogated the Supreme Court's decision by enacting the Violence Against Women Reauthorization Act of 2013, which recognizes the criminal jurisdiction of tribes over non-Indian perpetrators of domestic violence that occur in Indian Country when the victim is Indian.[2]