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Supreme Court Rejects Challenge to Federal Authority in Indian Country as Gorsuch, Thomas Urge Reversal of Kagama

The denial leaves the Tenth Circuit ruling intact.

Overview

  • Justices declined to hear Quentin Veneno Jr. v. United States on November 10, 2025, leaving his federal conviction in place.
  • Veneno, a member of the Jicarilla Apache Nation convicted of domestic assault against another tribal member, had argued that federal power does not reach intratribal crimes on tribal land.
  • Justice Neil Gorsuch, joined by Justice Clarence Thomas, dissented from the denial and urged the Court to overturn United States v. Kagama and the plenary-power theory he said lacks constitutional foundation.
  • Gorsuch wrote that overturning Kagama would allow tribes to exercise sovereign authority over major crimes among their members without federal supervision.
  • The Justice Department, in a November 2024 brief, warned that taking the case to upend Kagama would disrupt a long line of precedents recognizing broad congressional authority in Indian country.