United States v. Antelope

United States v. Antelope
Argued January 18, 1977
Decided April 19, 1977
Full case nameUnited States v. Antelope, et al.
Docket no.75-661
Citations430 U.S. 641 (more)
97 S. Ct. 1395; 51 L. Ed. 2d 701
ArgumentOral argument
Opinion announcementOpinion announcement
Case history
Prior523 F.2d 400 (9th Cir. 1975)
Holding
The convicted Indians were not deprived of the equal protection of the laws; (a) the federal criminal statutes are not based on impermissible racial classifications but on political membership in an Indian tribe or nation; and (b) the challenged statutes do not violate equal protection. Indians or non-Indians can be charged with first-degree murder committed in a federal enclave.
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 opinion
MajorityBurger, joined by unanimous
Laws applied
U.S. Const. amend. V, 18 U.S.C. § 1111, 18 U.S.C. § 1153

United States v. Antelope, 430 U.S. 641 (1977), was a United States Supreme Court case in which the Court held that American Indians convicted on reservation land were not deprived of the equal protection of the laws; (a) the federal criminal statutes are not based on impermissible racial classifications but on political membership in an Indian tribe or nation; and (b) the challenged statutes do not violate equal protection. Indians or non-Indians can be charged with first-degree murder committed in a federal enclave.