Oklahoma v. Castro-Huerta | Case No. 21-429 | Date Argued: 4/27/2022 | Date Decided: 6/29/2022

Question 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.

Holding: The Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 5-4. Justice Kavanaugh delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito and Barrett joined. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Kannon K. Shanmugam, Washington, D.C. For Respondent: Zachary C. Schauf, Washington, D.C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)