https://www.washingtonexaminer...ahoma-is-tribal-land

In a 5-4 decision, the Supreme Court ruled that the eastern half of Oklahoma is Native American land.

The decision in McGirt v. Oklahoma was announced on Thursday, with conservative Justice Neil Gorsuch siding with the liberal justices and authoring the opinion.

The case was brought to the Supreme Court by Jimmy McGirt, a member of the Muscogee Nation who was convicted of raping a 4-year-old child in 1997. McGirt argued that the case should not have been in the jurisdiction of Oklahoma courts because the incident happened on tribal land. In most cases, crimes that take place on tribal land fall under the jurisdiction of the federal courts.

The state argued that ruling in favor of McGirt would result in "cleaving Oklahoma in half." The state's attorneys claimed that the Creek Nation’s historic territory is not a reservation and argued that siding with McGirt would be the "largest judicial abrogation of state sovereignty in American history."

The Muscogee Nation acknowledged that it was not involved in the "genesis" of McGirt's case, but the tribe told the court that the state's argument left them feeling their reservation was "under direct attack.” The tribe said the state was "exaggerating" its claims about Oklahoma's jurisdiction being cut in half, claiming the state had been overextending its reach since the 19th century.



“To the extent they hold any water, the State’s posited consequences stem from the fact that both executive branch and state officials actively sought to undermine Congress’s determination that the Nation’s government and territory would endure," the tribe told the court.

Gorsuch wrote that the government must be held to its agreements even if it results in Oklahoma losing jurisdiction over significant portions of its land.

“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law,” Gorsuch wrote. "Because Congress has not said otherwise, we hold the government to its word."

Gorsuch said the land has been reserved for the tribe since the 19th century and that it must remain "Indian country."

“Under our Constitution, States have no authority to reduce federal reservations lying within their borders. Just imagine if they did," Gorsuch wrote. "A State could encroach on the tribal boundaries or legal rights Congress provided, and, with enough time and patience, nullify the promises made in the name of the United States. That would be at odds with the Constitution, which entrusts Congress with the authority to regulate commerce with Native Americans, and directs that federal treaties and statutes are the ‘supreme Law of the Land.'"

Gorsuch said that states are the "very neighbors who might be least inclined to respect" tribal authority and maintained that federal agreements must not be bent to the whims of each state.

In the dissent, Chief Justice John Roberts noted that the ruling would give tribal courts authority of land that includes the city of Tulsa and a population of mostly non-native people.

"Not only does the Court discover a Creek reservation that spans three million acres and includes most of the city of Tulsa, but the Court’s reasoning portends that there are four more such reservations in Oklahoma. The rediscovered reservations encompass the entire eastern half of the State — 19 million acres that are home to 1.8 million people, only 10%–15% of whom are Indians," he wrote.

"Across this vast area, the State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out. On top of that, the Court has profoundly destabilized the governance of eastern Oklahoma. The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law," he wrote, adding, "None of this is warranted."

Roberts wrote that "a huge portion of Oklahoma is not a Creek Indian reservation." He claimed Congress dissolved these reservations prior to Oklahoma becoming a state.

After the ruling, U.S. Attorneys Timothy Downing, Brian Kuester, and Trent Shores released a statement about working with tribal leaders on public safety issues.

"As Oklahoma's United States Attorneys, we are confident tribal, state, local, and federal law enforcement will work together to continue providing exceptional public safety under this new ruling by the United States Supreme Court," they said.

This seems problematic.

...for purposes of federal criminal law.

That's very interesting. I'm curious to see how this turns out.

Who slipped the LSD to Gorsuch?

LOL, so all those dem cities and towns now have to deal with tribal councils?


I'm not laughing, really.

quote:

Originally posted by DSgrouse:
LOL, so all those dem cities and towns now have to deal with tribal councils?


I'm not laughing, really.

No, the media has overblown the ruling based on the headlines. Just means that the state can't prosecute Native Americans in those areas, the federal government will have to.

It's a big, important ruling for sure, but does not mean Oklahoma belongs to the Indians now.

Don’t know enough about it know who is right. Don’t like reservations in general as they make carry more complicated. One basically needs to know where they are and stay out of them, know where they are and not carry there, or risk breaking the law and suffering the consequences.
That said, I am not a fan of making promises and then breaking them because it is inconvenient to follow them. I can also understand how non-Indian Americans living for years in what they thought was OK governed ground in the “rediscovered” reservations would be dramatically impacted by this ruling. Anyway you slice it, it is going to be very unpleasant for somebody.

That’s what I was wondering. The real world application. If Bama is right then it’s basically meaningless for most purposes.

quote:

Originally posted by DSgrouse:
LOL, so all those dem cities and towns now have to deal with tribal councils?

Oklahoma is as bright RED of a State as you will ever see!!

I've been to Oklahoma. Losing half of it doesn't seem like much of a loss.

While there are going to be many challenges in the near future, I am actually kind of liking the ruling.

In essence, the ruling isn't allowing the US government (federal, state, local, etc) to override or dilute a "treaty" with native Americans.

It'll be interesting to see when/where the tribal councils choose the path of "nope, you're not one of us, the state is dealing with this" and, "nope, he's one of us, hands off."

quote:

Originally posted by wcb6092:
In the dissent, Chief Justice John Roberts noted that the ruling would give tribal courts authority of land that includes the city of Tulsa and a population of mostly non-native people.

Perhaps they shouldn't have built-upon nor moved into Native American territory, then.

quote:

Originally posted by wcb6092:
[Roberts] claimed Congress dissolved these reservations prior to Oklahoma becoming a state.

Did he cite proof of same in his dissent? If so: Then it would seem the majority ruled incorrectly. That seems unlikely for two reasons: Even if you hold that leftist judges are wont to do nearly anything, Constitution and laws be damned, I think it unlikely Gorsuch would. I also think it unlikely the State of Oklahoma would've missed it in their arguments.

The rightness or wrongness of the ways in which we (by which I mean immigrants to this land and their descendants) prosecuted war on the Native American population aside: If we made promises to the various Indian Nations, we should abide by them.

quote:

Originally posted by 46and2:
I've been to Oklahoma. Losing half of it doesn't seem like much of a loss.

Either Congress dissolved the treaties or they didn't.

If they didn't this is a perfect example of Roberts defective mind. Just because a bunch of people live there now is no reason to ignore legal contracts entered in to by Congress on behalf of the US...

The man proves cookier every day...

NPR:

In a 5-4 opinion, Justice Neil Gorsuch joined the Supreme Court’s four liberal members in reversing Oklahoma’s prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries.

The opinion means that the tribe, not the state, has the authority to prosecute crimes committed within the tribe’s historical boundaries.

I think the Pioneer Woman and her husband own half the state. I wonder which half it is? Think I read they rank 14th as the largest land owners in the country.

I hope congress stops spending the coveted highway funds in these separate nations now.

These important funds are always the first thing that are held back when there is an objection by liberal congresses. As I recall these funds were held hostage in the '80s to force Louisiana to raise their drinking age.

If these are truly separate nations and they can have gambling of their choice then it seems to me they can support the highways that flow through their nations.

HK Ag

Do I hear "mega-casino"? Yes I do

That's great! No, really. {shuffles for Wall Street Journal to see if there's such a thing as a regional corn liquor futures market..}