This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Ira S. Sacks, the State of New York, as amicus, argued that the Treaty of Buffalo Creek and earlier treaties extinguished Indian title and other Indian possessory rights to the properties at issue long before the Oneida Indian Nation purchased the properties in 1997 and 1998.
Respondents claim that they can now exercise sovereignty over any plot of land they buy within a vast 300,000‑acre tract in Central New York that has long been inhabited almost entirely.
According to Respondents, the Treaty of 1838 clearly disestablishes the reservation, which terminates all sovereignty prospectively.
Background and question before the Court
According to Justice O'Connor, justice O'Connor questioned whether sovereignty can be lost by a tribe’s inaction over time.
What each side argues
City of Sherrill, New York (Petitioner)
Source-limited. The record does not yet support a complete account.
Oneida Indian Nation of New York (Respondent)
Respondents claim that they can now exercise sovereignty over any plot of land they buy within a vast 300,000‑acre tract in Central New York that has long been inhabited almost entirely.
According to Respondents, the Treaty of 1838 clearly disestablishes the reservation, which terminates all sovereignty prospectively.
What happened at oral argument
According to Justice O'Connor, justice O'Connor questioned whether sovereignty can be lost by a tribe’s inaction over time.
According to Respondents, the Treaty of 1838 clearly disestablishes the reservation, which terminates all sovereignty prospectively.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 8e09b8aeff3d5caf5356-r1-4342e184b148a550.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.