Menominee Tribe of Indians v. United States
391 U.S. 404 · Decided May 27, 1968 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Menominee Tribe of Indians v. United States was decided on May 27, 1968 by a vote of 6–2. The Court affirmed the lower court's decision. Justice William O. Douglas wrote the opinion of the Court. SCDB classifies its main issue as “Indians, state jurisdiction” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 391 U.S. 404 · 88 S. Ct. 1705 · 20 L. Ed. 2d 697 · 1968 U.S. LEXIS 1550
- Docket number
- 187
- Decided
- May 27, 1968
- Argued
- January 22, 1968
- Reargued
- April 25, 1968
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–2
- Majority opinion
- William O. Douglas
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Indians, state jurisdiction
- Issue area
- Civil Rights
- Legal provision
- 10 Stat. 1064
- Type of law
- Infrequently litigated statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | |
| Justice William O. Douglas | Majority | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Abe Fortas | Majority |
Did not participate: Thurgood Marshall.
Full case caption
Menominee Tribe of Indians v. United States
SCDB identifiers: case 1967-137, docket 1967-137-01.
Related decisions
Other cases on “Indians, state jurisdiction”
- Puyallup Tribe v. Department of Game of Washington
- Choctaw Nation v. Oklahoma
- Kennerly v. District Court of the Ninth Judicial District of Montana
- Warren Trading Post Co. v. Arizona Tax Commission
- Mescalero Apache Tribe v. JonesLaw held unconstitutional
- McClanahan v. Arizona State Tax CommissionLaw held unconstitutional
Same Term, same area (Civil Rights)
- Coleman v. Alabama
- Jones v. Georgia
- Roberts v. Lavallee
- Lucas v. RhodesLaw held unconstitutional
- Eagar v. Magma Copper Co.
- Rockefeller v. WellsLaw held unconstitutional
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error