Supreme Court of the United States

United States v. Lara — Souter, J., dissenting

April 19, 2004541 U.S. 193

Summary

Justice Souter dissents, arguing tribes lack inherent criminal jurisdiction over nonmember Indians and view sovereignty as dependent on federal delegation. He contends Congress cannot restore inherent jurisdiction via statute; the Act delegates federal power instead. As he reads the opinion would bar subsequent federal prosecution. Justice Thomas, Kennedy, and Stevens concur in the judgment.