Dividing Authority Three Ways: Federal–Tribal–State Relations after Oklahoma v. Castro-Huerta

Abstract

Abstract The U.S. Supreme Court’s decision in Oklahoma v. Castro-Huerta has the potential to rework the long-standing division of authority among federal, state, and tribal governments. In issuing its decision in this June 2022 case, the majority departed from its previous decisions and congressional policy by enabling state governments to exercise criminal authority over non-Indians in Indian Country. This article examines the implications of Castro-Huerta for federal, tribal, and state governments on the ground in Indian Country as well as for scholarship and teaching on federal–tribal–state relations.