Title: Oliphant v. Suquamish Indian Tribe - Wikipedia
Headings: Oliphant v. Suquamish Indian Tribe
Oliphant v. Suquamish Indian Tribe
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Contents
Background
Procedural history
Ruling
Dissenting opinion
Effects
Evolution
See also
References
Further reading
External links

Content: Oliphant v. Schlie, 544 F.2d 1007, 1009 (CA9 1976). In the absence of affirmative withdrawal by treaty or statute, I am of the view that Indian tribes enjoy, as a necessary aspect of their retained sovereignty, the right to try and punish all persons who commit offenses against tribal law within the reservation. Accordingly, I dissent. Chief Justice Warren Burger joined the dissenting opinion. Effects
In 1990 the Supreme Court extended Oliphant to hold that tribes also lacked criminal jurisdiction over Indians who were not members of the tribe, exercising jurisdiction in Duro v. Reina. Within six months, however, Congress abrogated the decision by amending the Indian Civil Rights Act to affirm that tribes had inherent criminal jurisdiction over nonmember Indians. In 2004, the Supreme Court upheld the constitutionality of the legislation in United States v. Lara. Scholars have extensively criticized the decision. According to Professor Bethany Berger, "By patching together bits and pieces of history and isolated quotes from nineteenth century cases, and relegating contrary evidence to footnotes or ignoring it altogether, the majority created a legal basis for denying jurisdiction out of whole cloth." Rather than legal precedent, the holding was "dictated by the Court's assumptions that tribal courts could not fairly exercise jurisdiction over outsiders and that the effort to exercise such jurisdiction was a modern upstart of little importance to tribal concerns."