Dissenting Opinion
Justice Thurgood Marshall dissents, saying he believes that the right to punish all individuals who commit crimes against tribal law within the reservation is a necessary aspect of the tribes sovereignty. In his dissent, Justice Marshall states:
"I agree with the court below that the "power to preserve order on the reservation . . . is a sine qua non of the sovereignty that the Suquamish originally possessed." Oliphant v. Schlie, 544 F.2d 1007, 1009 (CA9 1976). In the absence of affirmative withdrawal by treaty or statute, I am of the view that Indian tribes enjoy, as a necessary aspect of their retained sovereignty, the right to try and punish all persons who commit offenses against tribal law within the reservation. Accordingly, I dissent."
Chief Justice Warren E. Burger joined the dissenting opinion.
Read more about this topic: Oliphant V. Suquamish Indian Tribe
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