It's a bit up in the air right now, but when they won the circuit decision, the tribes pledged to work with Congress so it might not be as chaotic as it looks.
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Supreme Court says eastern Oklahoma remains Native American territory
- Thread starter B-Dubs
- Start date
It's a bit up in the air right now, but when they won the circuit decision, the tribes pledged to work with Congress so it might not be as chaotic as it looks.
the state still has jurisdiction over crimes where one of the parties isn't native
The Supreme Court siding with McGirt meant that an area home to 1.8 million people, including the entire city of Tulsa and its population of 400,000, would be a Native American reservation.
Tribe members who live within the boundaries are now set to become exempt from certain state obligations such as paying state taxes, while certain Native Americans found guilty in state courts may be able to challenge their convictions on jurisdictional grounds. The tribe also may obtain more power to regulate alcohol sales and expand casino gambling.
The ruling could also affect the other four of the Five Civilized Tribes in Oklahoma: the Cherokee, Chickasaw, Choctaw and Seminole tribes.
"The federal government promised the [Muscogee (Creek) Nation] a reservation in perpetuity," Gorsuch continued in the majority opinion.
"As a result, many of the arguments before us today follow a sadly familiar pattern. Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking."
Supreme Court rules much of Eastern Oklahoma is tribal land
Landmark case upholds claim by Muscogee Nation the territory, now home to 1.8 million people, is Native American land.
I think the broader impact is that SCOTUS believes the treaties behind the indigenous tribes and the United States are still viable/law. This will impact not just oklahoma, but any state that has tribal lands I think.
I was going to ask for a map. Thank you.for picture reference on just how much of Oklahoma is now reservation land:
So Tulsa is now officially on native american land?
You cannot give away what was theirs to begin with. Furthermore the ruling puts the onus on Congress to do its job.
The Supreme Court siding with McGirt meant that an area home to 1.8 million people, including the entire city of Tulsa and its population of 400,000, would be a Native American reservation.
Tribe members who live within the boundaries are now set to become exempt from certain state obligations such as paying state taxes, while certain Native Americans found guilty in state courts may be able to challenge their convictions on jurisdictional grounds. The tribe also may obtain more power to regulate alcohol sales and expand casino gambling.
The ruling could also affect the other four of the Five Civilized Tribes in Oklahoma: the Cherokee, Chickasaw, Choctaw and Seminole tribes.
"The federal government promised the [Muscogee (Creek) Nation] a reservation in perpetuity," Gorsuch continued in the majority opinion.
"As a result, many of the arguments before us today follow a sadly familiar pattern. Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking."
Supreme Court rules much of Eastern Oklahoma is tribal land
Landmark case upholds claim by Muscogee Nation the territory, now home to 1.8 million people, is Native American land.www.aljazeera.com
thanks for the clarification!
for picture reference on just how much of Oklahoma is now reservation land:
Now that nearly half of Oklahoma has been rightfully deemed a reservation do they have the power to remove whatever Confederate monuments built on their land?
People will naturally talk about the other decisions more, but this is no small decision here.
Really good news.
Nice to get good news.
Really good news.
Nice to get good news.
They don't own most of the land anymore. Could they outlaw the monuments from private property held by non-natives within the borders of the reservation? I don't think so - but also, they fought for the confederacy and are still mistreating the descendants of their slaves
Certainly not under this ruling which only applies to the MCA and likely a handful of civil laws that use the same language
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there is like not much out there anyway im happy they have this land. and it should stay in their hands.for picture reference on just how much of Oklahoma is now reservation land:
No. The title is misleading. This only applies to judicial jurisdiction over tribe members in those areas.
Happy it was ruled this way. The absolute least the US can do is honor the past agreements they made with Native American tribes.
So, the entire city of Tulsa is on Native American land. Genuinely curious, what does this mean for non-tribe members living on now Native American reservation land?
So, the entire city of Tulsa is on Native American land. Genuinely curious, what does this mean for non-tribe members living on now Native American reservation land?
Nothing. This only applies to criminal justice issues for tribe members living in those areas.
Kavanaugh also authored the majority opinion overturning Curtis Flowers' murder conviction in the state of Mississippi. Flowers has been tried six times (!) for the same crime. And soon will be tried again.
Curtis Flowers - Wikipedia
Ah. I understand. I suppose tribe members could be the ones that take them down without reprieve now though. As long as it's not on federal land.
They can still be tried in federal court, assuming there are grounds to do so.
Nothing changes for the average Joe/Jane who is not a member of the Tribes.
Sensationalist headlines are really fueling all this confusion and hysteria about "half of Oklahoma" being turned into an Indian territory. The main thing this is really about is that federal courts hold jurisdiction over cases involving tribe members in these areas, not that Oklahoma was stripped of its sovereignty over them otherwise.
It's a big deal for native american rights because it can protect them from predatory states and let them take things to more favorable federal courts.
It's a big deal for native american rights because it can protect them from predatory states and let them take things to more favorable federal courts.
Wow this is fantastic! I'm sort of in shock that it went this way considering how shitty this country has been, but I'll take it!
My tribe was forced into Oklahoma after being pushed out of Michigan during the Trail of Tears. We share a town in Oklahoma now with multiple tribes and none of them have reservation land. Sadly, this ruling doesn't help them as their town is outside that region. Oklahoma is fucked ip.
I'm not overly familiar with any of this, but it seems like the Federal government asserted its supremacy when dealing with Native American matters, as reservations are under the jurisdiction of the Federal government and effectively wards of the state (Congress).
It reads to me that the Court basically said, "That's reservation land as promised by Congress, so the State's not involved in judicial matters affecting tribal members on reservation property."
It reads to me that the Court basically said, "That's reservation land as promised by Congress, so the State's not involved in judicial matters affecting tribal members on reservation property."
I'm a bit confused by the terminology of "the state." Does it mean that the state of Oklahoma is not involved in judicial matters or that both the federal and state government are not involved?
I had no idea that so much of OK was set aside for reservations. That's awesome.for picture reference on just how much of Oklahoma is now reservation land:
It's actually more than that. That map is just including the five tribes most associated with Removal and the Trail of Tears. This is the actual map of lands held by native tribes:
Also, I'm Chickasaw, so I've been celebrating all day.
It's certainly the Andrew Johnson approach. Let's see who wins the enforcement battle.
That is what I would to know, this isn't going to be the only failure to uphold agreements.
"Won't (residents) be surprised to learn that they are living on a reservation and that they are now subject to laws imposed by a body that is not accountable to them in any way?" Associate Justice Samuel Alito asked.
The fucking irony of this question.
The fucking irony of this question.
Ooh dang. :) Happy for y'all!It's actually more than that. That map is just including the five tribes most associated with Removal and the Trail of Tears. This is the actual map of lands held by native tribes:
Also, I'm Chickasaw, so I've been celebrating all day.
