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
Famous quotes containing the words dissenting and/or opinion:
“We must continually remind students in the classroom that expression of different opinions and dissenting ideas affirms the intellectual process. We should forcefully explain that our role is not to teach them to think as we do but rather to teach them, by example, the importance of taking a stance that is rooted in rigorous engagement with the full range of ideas about a topic.”
—bell hooks (b. 1955)
“It is cruel for you to leave your daughter, so full of hope and resolve, to suffer the humiliations of disfranchisement she already feels so keenly, and which she will find more and more galling as she grows into the stronger and grander woman she is sure to be. If it were your son who for any cause was denied his right to have his opinion counted, you would compass sea and land to lift the ban from him.”
—Susan B. Anthony (1820–1906)