SCOTUS Grants Oklahoma Petition to Consider Whether the State Can Prosecute Non-Indian – on – Indian Crime in Indian Country

Here is today’s order.

The grant is limited to question 1 — here are the questions presented:

  1. Whether a State has authority to prosecute non- Indians who commit crimes against Indians in Indian country.
  2. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Cert stage materials in Oklahoma v. Castro-Huerta:

Lower court materials:

Montana Federal Court Allows Blackfeet Farmers to Sue US for Race Discrimination

Here are the materials in Wellman v. Orcutt (D. Mont.):

1 Complaint

5 Motion to Dismiss

6 Response

8 Reply

14 DCT Order

Photograph of a Blackfeet Indian’s Farm – Harvesting Field of Oats (National Archives)

Arizona Federal Judge Acquits Border Wall Protester after Assertion of Religious Freedom Restoration Act Defense [Tohono O’Odham Lands]

Here are the materials in United States v. Ortega (D. Ariz.):

Quitobaquito Springs (NPS)

News coverage of the acquittal here.

Idaho Federal Court Dismisses Northwestern Shoshone Hunting Rights Claim

Here are the materials in Northwestern Band of the Shoshone Nation v. State of Idaho (D. Idaho):

University of Washington Symposium on the Restatement of the Law of American Indians

Just a reminder that early bird registration for the Symposium on the Restatement of the Law of American Indians closes on January 31. The program is packed with speakers and panelists from around the nation who participated in the development of the Restatement and will feature keynote presentations from Judge William Fletcher of the 9th Circuit and Justice Montoya Lewis from the Washington Supreme Court. Use the link below to register soon for the best rates.

Home – 34th Annual Indian Law Symposium: Restatement of the Law of American Indians (