Justice Brett Kavanaugh and Justice Samuel Alito wrote separately, however, to emphasize that the lawsuit is ongoing and the appeals court involved in the case has not issued a final opinion. “Nothing in the decision of the Court of Appeals prohibits the City from continuing to enforce its municipal laws against all persons, including Indians, as the litigation progresses,” Kavanaugh wrote.
The dispute is the latest to ricochet through the courts after the McGirt decision raised numerous questions, including the one central to the case at hand: whether municipal ordinances apply to Native Americans. In 2022, the court cut back on the scope of McGirt when it ruled that states have the authority to prosecute non-tribal members who commit crimes against Native Americans on Native territory.
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