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UNITED STATES v. LARA

No. 03-107.

541 U.S. 193 (2004)

UNITED STATES v. LARA.

Supreme Court of United States.

Decided April 19, 2004.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for the United States. On the briefs were Solicitor General Olson, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, Barbara McDowell, and Richard A. Friedman.

Alexander F. Reichert, by appointment of the Court, 540 U.S. 980, argued the cause for respondent. With him on the brief were Ronald A. Reichert and James E. Smith.*

BREYER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, and GINSBURG, JJ., joined. STEVENS, J., filed a concurring opinion, p. 210. KENNEDY, J., p. 211, and THOMAS, J., p. 214, filed opinions concurring in the judgment. SOUTER, J., filed a dissenting opinion, in which SCALIA, J., joined, p. 226.

JUSTICE BREYER delivered the opinion of the Court.

This case concerns a congressional statute "recogniz[ing] and affirm[ing]" the "inherent" authority of a tribe to bring a criminal misdemeanor prosecution against an Indian who is not a member of that tribe — authority that this Court previously held a tribe did not possess. Compare 25 U. S. C. § 1301(2) with Duro v. Reina, 495 U.S...

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