The Other Supreme Court Controversy No One Is Talking About
Oklahoma’s contentious pushback to a landmark case on Native rights
News of the Supreme Court, and American politics in general, has recently centered around a leaked draft of Justice Samuel Alito’s opinion to overturn Roe v. Wade, which is a shocking revelation that has rightfully dominated headlines. Roe, which has protected abortion rights in America for half a century, is under threat, and the news has stirred outrage and protests all over America.
However, there’s another very consequential Supreme Court controversy no one is talking about right now. In some ways, the bombshell news of the leaked Roe draft is (for good reason) overshadowing a case surrounding criminal justice jurisdiction and Native American rights.
Oklahoma v. Castro-Huerta
“Except for non-Indian against non-Indian offenses…States have no criminal jurisdiction in the Indian country unless expressly conferred by an act of Congress.” — the Department of Justice Criminal Resource Manual 677.
The Supreme Court case centers around a man named Victor Manuel Castro-Huerta, who was serving a 35-year prison sentence for child abuse. Castro-Huerta, who is not American Indian, was incarcerated for severely neglecting his…