Oliphant v. Suquamish Indian Tribe

Oliphant v. Suquamish Indian Tribe
Supreme Court of the United States
Argued January 9, 1978
Decided March 6, 1978
Full case nameMark Oliphant v. Suquamish Indian Tribe
Citations435 U.S. 191 (more)
98 S. Ct. 1011, 55 L. Ed. 2d 209, 1978 U.S. LEXIS 66
Case history
PriorOliphant v. Schlie, 544 F.2d 1007 (9th Cir. 1976); cert. granted, 431 U.S. 964 (1977).
SubsequentOliphant 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
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityRehnquist, joined by Stewart, White, Blackmun, Powell, Stevens
DissentMarshall, joined by Burger
Brennan took no part in the consideration or decision of the case.

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.

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]

  1. ^ Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 195 (1978).
  2. ^ 25 U.S.C. § 1304, VAWA Reauthorization Act available at https://www.gpo.gov/fdsys/pkg/BILLS-113s47enr/pdf/BILLS-113s47enr.pdf