Author Topic: Supreme Court Restores Oklahoma’s Jurisdiction Over Non-Tribal Crimes on Tribal Lands  (Read 233 times)

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Offline IsailedawayfromFR

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The Supreme Court on Wednesday ruled 5-4 that Oklahoma can prosecute non-Native-Americans in Indian country, clawing back part of its 2020 decision recognizing nearly half of the state as a reservation.

The case renewed a sharp divide on the court over the U.S. treatment of Native American tribes and its legal repercussions today. The majority opinion by Justice Brett Kavanaugh took a limited view of the sovereignty the tribes retain in 21st-century America, while the dissent by Justice Neil Gorsuch, recounting centuries of broken promises to the Indians, asserted that the court should today enforce long-ignored treaties.
https://www.wsj.com/articles/supreme-court-restores-oklahomas-prosecutorial-power-over-non-tribal-prosecutions-in-indian-country-11656511700

@Bigun - So the question I have is:  Do you believe this ruling could also cover criminal prosecutions of any abortion activity performed on federal lands within a state whose law prohibits abortion?
« Last Edit: July 02, 2022, 09:21:10 pm by IsailedawayfromFR »
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Offline Bigun

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The Supreme Court on Wednesday ruled 5-4 that Oklahoma can prosecute non-Native-Americans in Indian country, clawing back part of its 2020 decision recognizing nearly half of the state as a reservation.

The case renewed a sharp divide on the court over the U.S. treatment of Native American tribes and its legal repercussions today. The majority opinion by Justice Brett Kavanaugh took a limited view of the sovereignty the tribes retain in 21st-century America, while the dissent by Justice Neil Gorsuch, recounting centuries of broken promises to the Indians, asserted that the court should today enforce long-ignored treaties.
https://www.wsj.com/articles/supreme-court-restores-oklahomas-prosecutorial-power-over-non-tribal-prosecutions-in-indian-country-11656511700

@Bigun - So the question I have is:  Do you believe this ruling could also cover criminal prosecutions of any abortion activity performed on federal lands within a state whose law prohibits abortion?

The short answer to your question is no I do not @IsailedawayfromFR Tribal lands (Indian country) is decidedly not federal.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline IsailedawayfromFR

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The short answer to your question is no I do not @IsailedawayfromFR Tribal lands (Indian country) is decidedly not federal.
Understand.

I was bolstered with this message that came out:

Oklahoma challenged the McGirt decision. Wednesday’s ruling did not invalidate the decision, but the Supreme Court did narrow it by finding that state authorities, not just in Oklahoma but also across the country, have authority alongside tribal and federal governments. That means federal, tribal and state governments can prosecute cases in which a non-Native person commits a crime against a Native person on tribal land.

The court’s majority opinion, written by Justice Brett Kavanaugh, found that tribal lands are part of the states they are in, and not entirely separate sovereign powers. “As a matter of state sovereignty, a State has jurisdiction over all of its territory, including Indian country,” he wrote.


It does seem to be a case could be made regarding federal lands within a state the same way that the court ruled for state sovereignty of tribal lands within the state
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington