In the case of Parker, as Superintendent for the Five Civilized Tribes, et al. v. Richard et al., co-administrators of Richard (1918), the U.S Supreme Court was tasked with determining whether a non-Indian could inherit property from an Indian spouse under Oklahoma law. The court ruled that federal laws governing tribal lands superseded state inheritance laws and thus prohibited such transfers of property to non-Indians without express congressional approval. This decision reinforced federal authority over Native American affairs and underscored the unique legal status held by tribes within U.S jurisdiction.

The dissenting opinion in the case of Parker v. Richard argued that the majority's decision to uphold a lower court ruling, which allowed non-Indian heirs to inherit land from their Indian relatives without restrictions, was incorrect. The dissenters believed this interpretation violated federal laws designed to protect Native American lands from being sold or transferred outside of tribal communities. They contended that these laws were intended not only to preserve tribal lands but also maintain tribal sovereignty and self-determination by preventing non-Native individuals from gaining control over these properties. Therefore, they felt it was necessary for such inheritance rights be restricted solely within tribes as per federal law provisions on Indian affairs.