Mark the Plumber v. Tribal Empire or Non-Indian Anxiety v. Tribal Sovereignty? The Story of Oliphant v. Suquamish Indian Tribe

Sarah Krakoff, University of Colorado at Boulder

Abstract

In Oliphant v. Suquamish Indian Tribe, the Supreme Court held that American Indian tribes do not have criminal jurisdiction over non-Indians. The case is famous for this categorical rule, but it also marked the beginning of judicial tampering with tribal jurisdiction in civil matters. This in-depth history of the case reveals that fear about tribal economic and political power drove the outcome in Oliphant, and that Oliphant's long-term effects on tribal civil powers are therefore not surprising. Meanwhile, the almost unintended erosion of criminal authority in Indian country has had terribly negative impacts on tribes and their members.