{"id":90828,"date":"2025-01-07T23:00:22","date_gmt":"2025-01-08T04:00:22","guid":{"rendered":"https:\/\/indianz.com\/News\/?p=90828"},"modified":"2025-01-07T23:01:40","modified_gmt":"2025-01-08T04:01:40","slug":"department-of-justice-holds-tribal-consultations-on-u-s-supreme-court-decision","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2025\/01\/07\/department-of-justice-holds-tribal-consultations-on-u-s-supreme-court-decision\/","title":{"rendered":"Department of Justice holds tribal consultations on U.S. Supreme Court decision"},"content":{"rendered":" \"U.S.<\/a>
The U.S. Supreme Court is seen on the evening of January 7, 2025, as crowds pay their respects to the late former U.S. president Jimmy Carter, who died on December 29, 2024, at the age of 100. Photo by Indianz.Com (CC BY-NC-SA 4.0)<\/a><\/figcaption>\r\n
Department of Justice holds tribal consultations on U.S. Supreme Court decision<\/div>\r\n
Tuesday, January 7, 2025<\/div>\r\n
Indianz.Com<\/div>\r\n

<\/p>\r\nThe Department of Justice<\/a> (DOJ) is kicking off a series of consultation sessions to address a U.S. Supreme Court<\/a> decision seen as detrimental to tribal sovereignty.\r\n

<\/p>\r\nIn June 2022, the Supreme Court held that states can prosecute crimes in Indian Country<\/a> despite a lack of tribal consent and a lack of Congressional authorization. The decision in Oklahoma v. Castro-Huerta<\/em><\/a>, which was reached by a vote of 5 to 4, upset more than a century of settled policy and practice.\r\n

<\/p>\r\nAs a result, DOJ is considering whether to support legislation that would address Castro-Huerta<\/em>. Tribes are being asked to provide their views at consultation sessions on January 10, February 5 and February 6.\r\n

<\/P>\r\n“Congress, exercising its plenary power over Indian affairs, could address this decision by legislation,” a Dear Tribal Leader Letter<\/a>, dated January 3, reads. “Unless Congress acts, however, many States may now generally exercise jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country without any authorization from Congress or any consent from the governing Tribal nations.”\r\n

<\/P>\r\n

U.S. DEPARTMENT OF JUSTICE TRIBAL CONSULTATION ON POSSIBLE LEGISLATION TO ADDRESS THE SUPREME COURT\u2019S DECISION IN OKLAHOMA V. CASTRO-HUERTA<\/a><\/div>\r\n

<\/P>\r\nA framing paper attached to the Dear Tribal Leader Letter includes two possible proposals to address Castro-Huerta<\/em>. One was drafted by DOJ while the other was drafted by the National Congress of American Indians<\/a>.\r\n

<\/P>\r\n“Both proposals in Appendix A make clear that States lack jurisdiction over crimes within Indian country committed by or against Indians, unless expressly authorized by federal statute,” the framing paper reads.\r\n

<\/p>\r\nThe tribal consultations are being held virtually, with the first session being rescheduled to account for the National Day of Mourning in honor of the late former U.S president Jimmy Carter<\/a>. Written comments can also be submitted by to the Office of Tribal Justice at DOJ<\/a> by March 6.\r\n

<\/p>\r\n

Huge crowds are lined up outside the U.S. Capitol, braving freezing temperatures to pay their respects to the late former U.S. president Jimmy Carter, who died on December 29, 2024, at the age of 100. #JimmyCarter<\/a> #DC<\/a> pic.twitter.com\/4EQKtzRA0Q<\/a><\/p>— indianz.com (@indianz) January 8, 2025<\/a><\/blockquote>