Supreme Court Rules Nearly Half of Oklahoma is a Native-American Reservation

The third link is to the Opinion of the Court.

Holding : For purposes of the Major Crimes Act, land throughout much of eastern Oklahoma reserved for the Creek Nation since the 19th century remains a Native American territory.

Judgment : Reversed, 5-4, in an opinion by Justice Gorsuch on July 9, 2020. Justice Roberts filed a dissenting opinion, in which Justices Alito and Kavanaugh joined, and in which Justice Thomas joined except as to footnote 9. Justice Thomas filed a dissenting opinion.

The effect of today’s ruling will go FAR beyond Jimcy McGirt, the Petitioner in this case who was serving life without parole plus 1,000 years for rape of a 4 year old. Since McGirt is an enrolled member of the Oklahoma Seminole Tribe and the crime occurred in Indian Country, Oklahoma lacked jurisdiction to prosecute him. Accordingly, McGirt will walk free. The Federal Government could choose to prosecute him, but Federal Courts being backlogged as they are and the case being as old as it is, likely he will remain a free man.

THOUSANDS of other prisoners will join McGirt in freedom, due to being Indians and their crimes occurring in Indian Country.

But this will go FAR beyond criminal law.

It could effect everything all the way down to zoning laws, as State, County and municipal authority to legislate for Indians is limited.

The City of Tulsa is completely in Indian Country. That will be the mother of all cluster ■■■■■ to figure out.

Congress is going to have to step in and formally disestablish the Indian Reservations in Eastern Oklahoma. Otherwise we are going to have a disaster of the first magnitude on our hands, as Oklahoma has effectively been stripped of the authority to govern the eastern half of their State.

:rofl::rofl::rofl::rofl: I love it!

That long ago reddish dividing line on the map what now divides Oklahoma.

What affect (if any) do you think this could have on state and federal voting in OK?

Bummer for Oklahoma.

I’m not a big fan of the child rapist walking free though. The girl deserves justice. No justice, no peace.

The effect of today’s ruling will go FAR beyond Jimcy McGirt, the Petitioner in this case who was serving life without parole plus 1,000 years for rape of a 4 year old. Since McGirt is an enrolled member of the Oklahoma Seminole Tribe and the crime occurred in Indian Country, Oklahoma lacked jurisdiction to prosecute him. Accordingly, McGirt will walk free.

He must have had one hell of a lawyer to get his guy off by researching 150+ years of law and arguing it all the way to the Supreme Court.

So do we have to redraw the maps, or is it like reservations in Michigan where they are sovereign but still part of the state?

In this political climate?!?? No dice, sir.

Actually, he filed his original Petition for a Writ of Certiorari pro se (possibly by himself, perhaps with the assistance of a jailhouse attorney).

After his case was granted by the Supreme Court, a member of the Supreme Court bar agreed to represent him pro bono.

Probably after January 20, 2021. :smile:

I dont care. It brings us one step closer to a divided country where I can find some subdivision in which people respect the same values I respect. Then we can rebuild another great nation and leave the ■■■■ holers to their own demise.

Maybe they’ll compromise the dissolution of the reservation for DC and Puerto Rico statehood. :wink:

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I have been waiting on this case. Surprised by the ruling, esp. given its origins in a criminal trial.

Well this is certainly a conundrum isn’t it?

I’m down.

Split it up in 11 new republics.

A common military and free trade. Everything else left up to the new republics.

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This wouldn’t be the precedent. Tribes are domestically contained sovereign nations, a peculiar and unique status.

I know.

I’m speaking of the right to self determination for all people.

US law doesn’t really recognize any other mainlanders as a people. We are so uniquely law of the soil, it’s hard to find how this could apply here.

Someone has been reading William Johnstones Out of the Ashes books :wink: