Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent.
Argument: Oklahoma asserts authority to prosecute crimes committed by non-Indians against Indians in Indian country concurrently with the federal government's authority under the General Crimes Act, 18 U.S.C. § 1152. ("GCA"). Pet. Br. 2-3. That post- McGirt v. Oklahoma, 140 S. Ct. 2452, 2463 (2020), power grab contradicts a century of history, precedent, and policy that allocates to the federal government and the tribes exclusive jurisdiction-- to the exclusion of the States--over Indian country crimes involving Indians absent clear congressional authorization to the contrary. Respondent and his amici demonstrate those points. This brief shows that basic principles of criminal liability rooted in the separation of powers, due process, and traditional restraint in construing criminal laws corroborate that conclusion.
Brief of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Respondent.
Argument: Congress has authorized the Secretary of the Interior to enter into agreements with tribal governments under which tribal law-enforcement officers are certified to enforce generally applicable federal criminal laws in Indian country. By extending to tribal governments the power to enforce generally applicable federal criminal law in Indian country, Congress has exercised its power to delegate law-enforcement authority to the tribes without undermining tribal sovereignty. The government’s fear that special law enforcement commissions will undermine tribal sovereignty is misplaced.