the most recent major case that went before SCOTUS where tribal sovereignty was at risk was Sharp v. Murphy. With that case, the first day or two was just the respondent's attorneys catching up the SCOTUS on Tribal Law. Laymen's terms version, a a member of the Muscogee (Creek) Nation (Murphy), murdered a non-member (not Sharp) and was given the death penalty. Murphy argued that since the crime was committed on tribal land and it fell under the Major Crimes Act, the state didn't have jurisdiction... the Feds did. Anywho, what I'm getting at is... it's complex.  

 
Minnesota in particular is a Public Law 280 state so it's a mixture of Fed, State, and Tribal Law depending on 1) where it happened and 2) the status of each party as a member or non-member of state/federally recognized tribe). Basically The Fed and the State have some jurisdiction over some tribal land/reservations. The Feds have jurisdiction when it's a federal crime and/or there are felonies committed by an American Indian against an American Indian or non-Indian OR by a non-Indian against an American Indian on the Red Lake or Bois Forte Reservations. The State of MN has jurisdiction over state crimes committed by a non-Indian against a non-Indian on tribal land and mostly any state crime committed by or against an American Indian on American Indian land *except* for Red Lake and Bois Forte who have jurisdiction over misdemeanors and gross midemeanors committed by an American Indian against an American Indian on landed owned/controlled by the band. Also, as a PL 280 states, the tribes cannot put non-natives on trial (only the feds and the state), even when crime occurs on reservation land *BUT* there are exceptions now.  The VAWA Reauthorization in 2013 actually expanded the criminal jurisdiction of tribes over non-Indian perpetrators of domestic violence that happen on/in Indian Country when the victim is Indigenous (statistically: Indigenous women are more likely to face interpersonal violence from a partner who is not a member of a tribe and/or not American Indian).

 
TLDR: if you are not American Indian, US Law and MN State law applies to tribal lands... mostly. So don't go doing stupid stuff.  

 
n.b. if you like Podcasts, the "This Land" podcast is really great. They initially were just going to be a limited series podcast on the Sharp v. Murphy case but they also released episodes on the next major Indian Affairs court case that is looking to use the sad story of two non-Indian couples (one in Dallas and one here in Minnesota) to upend ICWA (Indian Child Welfare Act) to upend tribal sovereignty to then be able to pull natural resources from and use tribal land. As a Native person and tribal member, I have to tell you, the last few years have been interesting.

-- Modified on 6/26/2022 11:05:58 PM