The Supreme Court Just Divided Oklahoma’s Justice System in Half

[mystery-ak]

 The Supreme Court Just Divided Oklahoma’s Justice System in Half

By Jonah Gottschalk
July 10, 2020

The Supreme Court case of McGirt v. Oklahoma began with a horrific crime, and ended this morning with 1.8 million Oklahomans’ land being declared within an Indian reservation for the purposes of prosecuting any crimes committed by American Indians. The decision has met celebration among some American Indians, as well as deep concern from legal experts and state officials. The implications are immense, and only beginning to be understood.

The case began with Jimcy McGirt’s state conviction of raping his wife’s grand-daughter, who was four years old. In his defense, the man’s lawyers claimed the crime happened within a presumed-defunct Creek reservation. If the reservation was indeed operating, then the state had no right to sentence McGirt. More importantly, it meant that territory making up almost all of Eastern Oklahoma, including Tulsa, falls under Creek Nation jurisdiction for American Indian descendants who commit crimes in the territory.

“On the far end of the Trail of Tears was a promise,” began Trump-appointee Justice Neil Gorsuch in the majority opinion. He and the four leftist justices that joined him went on to describe how under Andrew Jackson, the Creek were removed from their lands with the promise of a new, immense reservation in what is now Oklahoma. This reservation became smaller over the century as it was slowly drained of its sovereignty, and many white settlers bought individual plots of the land from the Creek owners. As a result, only 10-15 percent of the area’s population today is American Indian.

For a century, it was assumed this process meant the end of the reservation. But the Supreme Courts’ majority opinion argued that as it was never formally abolished by Congress, the immense Creek Reservation still exists, and all those living in its borders today are on Indian land.

This does not mean the 1.8 million Oklahomans have lost their land. But everyone within the territory will now have to contend with new rules and a greatly altered system of justice.

more
https://thefederalist.com/2020/07/10/the-supreme-court-just-divided-oklahomas-justice-system-in-half/

[Fishrrman]

From the article:
"For a century, it was assumed this process meant the end of the reservation. But the Supreme Courts’ majority opinion argued that as it was never formally abolished by Congress, the immense Creek Reservation still exists, and all those living in its borders today are on Indian land.
This does not mean the 1.8 million Oklahomans have lost their land. But everyone within the territory will now have to contend with new rules and a greatly altered system of justice."

If ever there was a case where the citizens ought to tell the Supreme Court that its decision will be ignored and to pound sand, it's this one.

The government of Oklahoma should issue a declaration that the Supreme Court's opinion is noted, but will NOT be enforced within the state.

And then, President Trump should back OK up on the issue.

This is the kind of thing that countries go to war for (losing half their land to another country, in this case, Indian Country).

[Elderberry]

McGirt v. Oklahoma could have lasting implications

OKC Fox by Connor Hansen July 9th 2020

https://okcfox.com/news/local/mcgirt-v-oklahoma-could-have-lasting-implications

It all began when Jimcy McGirt, sentenced to life in prison for serious sexual offenses, argued that the state didn't have the jurisdiction to prosecute him, because he's a member of the Seminole Nation and his crimes took place on the Creek reservation.

His case made its way to the Supreme Court.

The ruling on McGirt v. Oklahoma means others like him could argue the same.

The opinion, written by Justice Neil Gorsuch, brings up an 1833 treaty making the land a permanent home for the Creek Nation.

Only Congress can end the treaty, which the opinion argues never happened.

The State of Oklahoma, the Muscogee (Creek) Nation, and other major tribes released a joint statement saying they are working together on jurisdictional issues and say they plan to maintain public safety and economic prosperity.

More at link.