United States v. Lara

Summary

The Court held that Congress has the constitutional power to relax restrictions on a tribe's inherent authority to prosecute nonmember Indians, enabling the dual sovereignty doctrine to bar double jeopardy challenges to successive federal prosecutions. The decision reversed the Eighth Circuit, which had found the tribal prosecution exercised delegated federal power. Justice Souter dissented, arguing Congress delegated federal power. Justices Thomas, Kennedy, and Stevens concurred in the judgment, some questioning the Court's broader constitutional reasoning.