Oklahoma, OK? ...Not so much. SCOTUS Rules for Tribe, 1/2 of State Goes Poof!

jb_abides

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Supreme Court Rules Large Swath of Oklahoma Is Indian Reservation -

The 5-4 decision could reshape criminal justice in eastern Oklahoma by preventing state authorities from prosecuting Native Americans.



Thread = Place for discussion of the ramifications of this decision including:
  • Tribal exercise of power over jurisdiction
  • Criminal and civil laws, releasing criminals
  • Short-circuiting tribal jurisdiction to Federal level
  • Congressional Redistricting and balance of power implications
  • Taxation, Real Estate and Budgetary implications (Tribe, OK State, Federal)
  • Impact on other states with tribal claims
  • Long-term State versus Federal construct?
  • Far-reaching National Security implications*
  • Implications on other historic claims i.e. slavery-to-BLM
  • Parks and wildlife management
  • Murder hornet sanctuary?! :wow:
* National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20

WOW. Is the USA self-immolating... or what?! :cool2:


...

NYT TEXT:

WASHINGTON — The Supreme Court on Thursday ruled that much of eastern Oklahoma falls within an Indian reservation, a decision that could reshape the criminal-justice system by preventing state authorities from prosecuting offenses there that involve Native Americans.

The 5-to-4 decision, potentially one of the most consequential legal victories for Native Americans in decades, could have far-reaching implications for the people who live across what is now deemed “Indian Country” by the high court. The lands include much of Tulsa, Oklahoma’s second-biggest city.

The case was steeped in the United States government’s long history of brutal removals and broken treaties with Indigenous tribes, and grappled with whether lands of the Muscogee (Creek) Nation had remained a reservation after Oklahoma became a state.

Justice Neil M. Gorsuch, a Westerner who has sided with tribes in previous cases said that Congress had granted the Creek a reservation, and that the United States needed to abide by its promises.

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

Muscogee leaders hailed the decision as a hard-fought victory that clarified the status of their lands. The tribe said it would work with state and federal law enforcement authorities to coordinate public safety within the reservation.

“This is a historic day,” Principal Chief David Hill said in an interview. “This is amazing. It’s never too late to make things right.”

But Chief Justice John G. Roberts warned in a dissenting opinion that the Court had sown confusion in the state’s criminal justice system and “profoundly destabilized” the state’s powers in eastern Oklahoma.

“The State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out,” Justice Roberts wrote.

“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.”

In a statement, Mike Hunter, Oklahoma’s attorney general, said the state and the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations were working on an agreement to present to Congress and the U.S. Department of Justice addressing jurisdictional issues raised by the decision.

“We will continue our work, confident that we can accomplish more together than any of us could alone,’’ he said.

The case concerned Jimcy McGirt, a member of the Muscogee (Creek) Nation who was convicted of sex crimes against a child by state authorities in the Nation’s historical boundaries. He said that only federal authorities were entitled to prosecute him.

Mr. McGirt argued that Congress had never clearly destroyed the sovereignty of the Creek Nation over the area. The solicitor general of Oklahoma took the opposite view, saying the area had never been reservation land.

In McGirt v. Oklahoma, the court ruled, 5 to 4, that much of eastern Oklahoma is an Indian reservation.

In November 2018, the justices heard arguments in Sharp v. Murphy, No. 17-1107, which arose from the prosecution in state court of Patrick Murphy, a Creek Indian, for murdering George Jacobs in rural McIntosh County, east of Oklahoma City.

After he was sentenced to death, it emerged that the murder had taken place on what had once been Indian land. Mr. Murphy argued that only the federal government could prosecute him and that a federal law barred the imposition of the death penalty because he was an Indian.

Mr. Murphy convinced the United States Court of Appeals for the 10th Circuit, in Denver. But when the case was argued before an eight-member Supreme Court, the justices seemed divided and troubled. (Justice Neil M. Gorsuch, who had served on the 10th Circuit when it ruled on the case, recused himself.)

Instead of issuing a decision before the term ended in June 2019, the court announced it would hear another set of arguments in its current term, which started in October. That was a sign the court had deadlocked, 4 to 4.

But there was no new argument in the Murphy case, probably because it was not clear another hearing would break the deadlock. Instead, the court heard Mr. McGirt’s case, allowing the overarching issue to be settled by a nine-member court.
 
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JTM45

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I’m torn on this, there’s obviously no room for more lawlessness in America but at the same time we need to allow native Americans resources to develop a system that works for them. We’ve done a great job of leading with bad examples
 

Caleb

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His life sentence for raping a minor is no more. If the sick fuck wants to bag a few more he should do it before the federal government puts prosecutors and judges in place for local crimes, which I assure you will take forever. Insanity, if you ask me.
 

jb_abides

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I’m torn on this, there’s obviously no room for more lawlessness in America but at the same time we need to allow native Americans resources to develop a system that works for them. We’ve done a great job of leading with bad examples
Understood, but their system now overrides what was once OK State.

They now have jurisdiction over private property owned by US citizens... including Tulsa.
 

jb_abides

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His life sentence for raping a minor is no more. If the sick fuck wants to bag a few more he should do it before the federal government puts prosecutors and judges in place for local crimes, which I assure you will take forever. Insanity, if you ask me.
Over a thousand estimated convictions will be voided on the basis of this decision. Not just for native americans, but anyone who committed a crime on these lands could now be freed, unless the tribe convenes some sort of system of laws that accepts OK State jurisprudence, and has OK prisons administer.
 

JTM45

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Understood, but their system now overrides what was once OK State.

They now have jurisdiction over private property owned by US citizens... including Tulsa.

Completely get it and I have no idea how to fix it, like I said I’m torn on it
 

Olds442

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Understood, but their system now overrides what was once OK State.

They now have jurisdiction over private property owned by US citizens... including Tulsa.
imagine you bought a house and thought it was in OK, part of the USA, with laws and stuff.

then this happens.

what kind of legal suits could this inspire? or are the owners SOL?

because i would be furious.
 

judson

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funny was looking at prices of ranch properties in OK last week thinking it might be time to bail and GTFO of the eastern USA before the crazys ruin whats left...

so if i am 1/32nd Indian can i get from fweee acres? :fingersx:


oklahomaNO.jpg
 
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WaywerdSon

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This is seriously fucked up y'all. For now the tribes say they will cooperate, but my company has had some dealing with the nations and they dont have to follow state law if they dont wanna. We had a customer drop $500 down on a 2013 Stang, drive it to Oklahoma and register it in one of the nations and they gave them a clear title. If they can make a buck, they will thumb their noses at the state gov, and as fucked over as the tribes have been over the decades its hard to say I blame them very much. This mess is mostly because a bunch of idiot politicians/lawyers 100 years ago were too fucking stupid and lazy to get the paperwork completed. How many other treaties are there that are in that same status? This could be a huge clusterfuck
 


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