2018 Supreme Court term

MIKE CARPENTER, INTERIM WARDEN v. PATRICK DWAYNE MURPHY

Dockets 17-1107Argued
AI-generated independent summary

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 United States (Edwin S. Kneedler, Deputy Solicitor General), the United States filed an amicus brief supporting the petitioner.

Background and question before the Court

Source-limited The available primary sources do not support a complete explanation yet.

What each side argues

Petitioner – Mike Carpenter (Interim Warden)

According to Ms. Blatt, solem was not on the books until 80 years after Oklahoma became a state.

Respondent – Patrick Dwayne Murphy

According to Ian H. Gershengorn (Respondent), justice Thomas's opinion in Parker requires that the Tenth Circuit decision be affirmed.

According to Mr. GERSHENGORN, the state's concerns are dramatically overstated, but the Court has doctrines designed to address them.

Creek Nation (Amicus/Interested Party)

According to Creek Nation, the Nation has a robust criminal jurisdiction and is already prosecuting many Indians.

According to Creek Nation, discussions are ongoing about the allocation of jurisdiction; Congress has provided mechanisms for both criminal and civil jurisdiction.

What happened at oral argument

Justice Sotomayor asked, "Exactly when did it do this? What's the exact date?"

Justice Breyer asked, "What happens to all those people? What happens to all those laws?"

Justice Alito asked, "Well, suppose an Indian is charged with a mugging in Tulsa. Where would that case end up?"

Justice Alito further asked, "If any of those individuals were charged with an offense normally prosecuted in state court, would they all have to be prosecuted in federal court?"

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

The Muscogee (Creek) Nation argues that there will be no turmoil because precedents restrict tribal power over non‑Indians on fee lands within reservations.

Ms. Blatt warns that affirming the lower court’s decision could tear families across eastern Oklahoma for many years.

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.

  • 0a1b7b44058502ae8c3c-r1-e822f1390831c8d4.pdforal argument transcript

Guide generated September 26, 2026. Automated validation accepted this version.