https://casetext.com/case/mcgirt-v-oklahoma
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.
