Oliphant v. Suquamish Indian Tribe facts for kids

Quick facts for kids Oliphant v. Suquamish Indian Tribe
Supreme Court of the United States
Argued January 9, 1978 Decided March 6, 1978
Full case name	Mark Oliphant v. Suquamish Indian Tribe
Citations	435 U.S. 191 (more) 98 S. Ct. 1011, 55 L. Ed. 2d 209, 1978 U.S. LEXIS 66
Prior history	Oliphant v. Schlie, 544 F.2d 1007 (9th Cir. 1976); cert. granted, 431 U.S. 964 (1977).
Subsequent history	Oliphant 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
Case opinions
Majority	Rehnquist, joined by Stewart, White, Blackmun, Powell, Stevens
Dissent	Marshall, 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. 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.