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Guymon Daily Herald
months.
Justices rule swath of Oklahoma remains tribal reservation
WA S H I N G T O N
(AP) — The Supreme
Court ruled Thursday
that a large chunk of
eastern Oklahoma re-
mains an American
Indian reservation, a
decision that state and
warned could throw
Oklahoma into chaos.
The court’s 5-4 deci-
sion, written by Justice
Neil Gorsuch, means
that Oklahoma prosecu-
tors lack the authority
to pursue criminal cases
against American Indi-
an defendants in parts of
Oklahoma that include
most of Tulsa, the state’s
second-largest city.
“On the far end of
the Trail of Tears was a
promise. Forced to leave
their ancestral lands in
Georgia and Alabama,
the Creek Nation re-
ceived assurances that
their new lands in the
West would be secure
forever. ... Today we are
asked whether the land
these treaties promised
remains an Indian res-
ervation for purposes
of federal criminal law.
Because Congress has
not said otherwise, we
hold the government
to its word,” Gorsuch
wrote in a decision
joined by the court’s lib-
eral members.
The court’s ruling
because I am not pa- ing with him and per-
casts doubt on hundreds state was overblown.
of convictions won by “All the sky-is-falling
local prosecutors. But narratives were dubious
Gorsuch suggested op- at best,” Chaudhuri said.
timism. “This would only apply
“In reaching our con- to a small subset of Na-
clusion about what the tive Americans commit-
law demands of us to- ting crimes within the
day, we do not pretend boundaries.
to foretell the future and “This case didn’t
we proceed well aware change ownership of
of the potential for cost any land. It didn’t im-
- pact the prosecutions
risdictional boundar- of non-Indians in any
ies, especially ones that way. All it did was bring
have gone unappreci- clarity to jurisdictional
ated for so long. But questions regarding the
it is unclear why pes- border, and it enhanced
simism should rule the the Creek Nation’s abil-
day. With the passage of ity as a sovereign nation
time, Oklahoma and its to work with other sov-
Tribes have proven they ereign interests to pro-
can work successfully tect people and to work
together as partners,” he in common interests.”
wrote. Forrest Tahdooahnip-
Oklahoma’s three pah, a Comanche Na-
U.S. attorneys quickly tion citizen and attorney
released a joint state- who specializes in tribal
- law, said the ruling’s
dence that “tribal, state, short-term implications
local and federal law
enforcement will work the criminal context
together to continue and that serious felonies
providing exceptional committed by Native
public safety” under the Americans in parts of
ruling. eastern Oklahoma will
Jonodev Chaudhuri, be subject to federal ju-
ambassador of the Mus- risdiction.
cogee (Creek) Nation “In the long term,
and a former chief jus- outside of the criminal
tice of the tribe’s Su- context, there may be
preme Court, said the some minor changes
state’s argument that in civil law,” he said.
such a ruling would “The majority opinion
cause legal havoc in the points out assistance
Property of OPS News Tracker and members of the Oklahoma Press Association.
salvage the relationship
with Homeland Secu- inated the Creek Nation levy.
rity, historical preserva- reservation it created in “As a practical mat-
tion, schools, highways, 1866. ter for Mr. McGirt, the
clinics, housing, and The case the justices U.S. attorney will prob-
nutrition programs, as decided Thursday in- ably put a hold on his
possible changes. The volved 71-year-old Jim- release, and there will
Creek Nation will also cy McGirt, who is serv- be an indictment from
have greater jurisdiction ing a 500-year prison a federal grand jury
over child welfare cases sentence for molesting very quickly,” McBride
involving tribal mem- a child. Oklahoma state said. “Neither will see
bers.” courts rejected his argu- the light of day, most
The case, which was ment that his case does likely.”
argued by telephone not belong in Oklahoma Following the ruling,
in May because of the state courts and that fed- the state of Oklahoma
coronavirus pandemic, eral prosecutors should issued a joint state-
revolved around an ap- instead handle his case. ment with the Musco-
peal by an American McGirt could po- gee (Creek), Cherokee,
Indian who claimed tentially be retried in Chickasaw, Choctaw
that state courts had no federal court, as could and Seminole nations
authority to try him for Patrick Murphy, who in which they vowed
a crime committed on was convicted of killing to work together on an
reservation land that be- a fellow tribe member agreement to address
longs to the Muscogee in 1999 and sentenced any unresolved jurisdic-
(Creek) Nation. to death. But Mur- tional issues raised by
The reservation once phy would not face the the decision.
encompassed 3 million death penalty in fed- “The Nations and the
acres (12,100 square eral court for a crime in State are committed to
kilometers), including which prosecutors said ensuring that Jimcy Mc-
most of Tulsa. he mutilated the victim Girt, Patrick Murphy,
The Supreme Court, and left him to bleed to and all other offend-
with eight justices tak- death on the side of a ers face justice for the
ing part, failed to reach country road about 80 crimes for which they
a decision last term miles (130 kilometers) are accused,” the state-
when it reviewed a fed- southeast of Tulsa. ment read. “We have
eral appeals court rul- Neither Murphy nor a shared commitment
ing in a separate case McGirt is expected to to maintaining public
that threw out a state be released from prison, safety and long-term
murder conviction and but they will likely have economic prosperity for
death sentence. In that charges brought against the Nations and Okla-
case, the appeals court them in federal court, homa.”
said the crime occurred said Michael McBride,
on land assigned to the chair of the Indian Law
tribe before Oklahoma & Gaming Practice for
became a state and Con- Oklahoma City-based
gress never clearly elim- -