two years later, Hooper went to court and argued that the city does not have jurisdiction to prosecute Indians for violations of city law that occur within the reservation boundaries.that ruling in an initial decision, siding with Hooper and sending the case back to the trial court.Justice Brett M. Kavanaugh, joined by Samuel A. Alito Jr.
and in other similar cities and towns because laws “enacted for the protection of the health and safety of its residents are only enforceable by the City against some citizens but not others.” The city, they say, has entered into agreements with Creek and Cherokee nations to refer criminal misdemeanors and felonies for prosecution by the tribes.
a federal statute that predates statehood for Oklahoma. The law established a process for cities and towns in former Indian territory to incorporate and laid the groundwork for state governance. The law said “all inhabitants of such cities and towns, without regard to race shall be subject to all laws and ordinances of such city or town governments.”The question of how it applies to enforcement of local laws against Native Americans is now in play.
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