United States v. Billy Jo Lara — Souter, J., Dissenting

Summary

Justice Souter dissents, joined by Justice Scalia, arguing that tribes lack inherent jurisdiction over nonmember Indians and that Congress cannot restore such power via legislation. He would hold that the tribal prosecution was an exercise of delegated federal power, barring subsequent federal prosecution under the Double Jeopardy Clause. Thomas, Kennedy, and Stevens concur in the judgment, though Thomas would reconsider the premise of dependent sovereignty, and Kennedy worries about the breadth of the majority's constitutional holding.