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Supreme Court · Decisions

United States v. Cook

In a dispute over timber cut and sold from Indian reservation land, the Court held that the tribes did not own the land, only had a right to occupy it, and could not cut and sell timber merely to sell it.· AI-written

384 U.S. 257 · No. 256 · 1965 term · Warren Court

Decided May 23, 1966 · argued Apr 19, 1966

Criminal procedure · Statutory construction of criminal laws: financial

Majority opinion: Byron White

The voteMajority

9–09 in the majority, 0 in dissent

No dissent (9–0)

Reversed. United States won.

What this ruling means

Reversed: the Supreme Court overturned the decision of the Tennessee Middle U.S. District Court, and its own ruling ends the case.

United States was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

United States v. Cook, 86 U.S. (19 Wall.) 591 (1873), was a United States Supreme Court case in which the Court held that Indian tribes do not own the land their reservations are on, the land is owned by the United States and the Indians only have a right to occupy the land. They may not cut and sell timber merely for the purpose of selling timber, they may only sell timber that was cut incidental to another purpose. The government has a right to take action to recover damages for timber sold illegally from that land.

Read the full article on Wikipedia

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1965 term. Filled: the 9 in the majority. Hollow: the 0 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianDouglasFortasWarrenBrennanBlackWhiteClarkStewartHarlan

Majority(9)

Dissent(0)

  • None.
Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
United StatesUnited States
Respondent
CookPerson accused, indicted, or suspected of crime
Reached the Court by
Appeal (the Court was required to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
18 U.S.C. § 660
Kind of law
Infrequently litigated statutes
Decided by
Statutory construction
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. May 23, 1966DecidedDecided · Decided 9–0: reversed. United States won.
  2. Apr 19, 1966ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · Reached the Supreme Court on appeal, which the Court had to hear.
  4. Not datedCourt belowCourt below · Began in and was decided by the Tennessee Middle U.S. District Court: petition denied or appeal dismissed.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

17 other argued cases since 1946 on statutory construction of criminal laws: financial, newest first.

  1. Robers v. United States572 U.S. 639May 5, 2014 · 572 U.S. 639Criminal procedure9–0Unanimous band

  2. Federal Trade Commission, Petitioner v. Actavis, Inc., et al.570 U.S. 136Jun 17, 2013 · 570 U.S. 136Criminal procedure5–36–3 band

  3. Association for Molecular Pathology, et al., Petitioners v. Myriad Genetics, Inc., et al.Landmark · Copyright/Patents569 U.S. 576Jun 13, 2013 · 569 U.S. 576Criminal procedure9–0Unanimous band

  4. Humberto Fidel Regalado Cuellar v. United States553 U.S. 550Jun 2, 2008 · 553 U.S. 550Criminal procedure9–0Unanimous band

  5. United States v. Efrain Santos and Benedicto Diaz553 U.S. 507Jun 2, 2008 · 553 U.S. 507Criminal procedure5–45–4 band

  6. H. J. Inc. et al. v. Northwestern Bell Telephone Co. et al.492 U.S. 229Jun 26, 1989 · 492 U.S. 229Criminal procedure9–0Unanimous band
  7. Bell v. United States462 U.S. 356Jun 13, 1983 · 462 U.S. 356Criminal procedure8–18–1 band
  8. Williams v. United States458 U.S. 279Jun 29, 1982 · 458 U.S. 279Criminal procedure5–45–4 band

  9. McElroy v. United States455 U.S. 642Mar 23, 1982 · 455 U.S. 642Criminal procedure8–18–1 band
  10. Chiarella v. United States445 U.S. 222Mar 18, 1980 · 445 U.S. 222Criminal procedure6–36–3 band

  11. United States v. Braverman373 U.S. 405May 27, 1963 · 373 U.S. 405Criminal procedure9–0Unanimous band
  12. United States v. Sampson et al.371 U.S. 75Nov 19, 1962 · 371 U.S. 75Criminal procedure8–18–1 band
  13. Gilbert v. United States370 U.S. 650Jun 25, 1962 · 370 U.S. 650Criminal procedure4–36–3 band
  14. Arroyo v. United States359 U.S. 419May 4, 1959 · 359 U.S. 419Criminal procedure5–45–4 band
  15. Rodgers v. United States332 U.S. 371Nov 10, 1947 · 332 U.S. 371Criminal procedure7–27–2 band
  16. United States v. Sheridan329 U.S. 379Dec 23, 1946 · 329 U.S. 379Criminal procedure7–27–2 band
  17. United States v. Bruno329 U.S. 207Dec 9, 1946 · 329 U.S. 207Criminal procedure9–0Unanimous band
Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.