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US Supreme Court rules against Oklahoma in Creek Nation case - The Oklahoman by Chris Casteel

[Linked Image from cdn2.newsok.biz]
This image is a U.S. Supreme Court exhibit showing boundaries before Oklahoma's statehood. [PROVIDED]

The U.S. Supreme Court ruled Thursday that the Muscogee (Creek) Nation’s reservation was not officially terminated at Oklahoma statehood, as justices issued a decision that may upend state jurisdiction in much of the former Indian Territory.

“The federal government promised the Creek a reservation in perpetuity,” the 5-4 decision states.

“Over time, Congress has diminished that reservation. It has sometimes restricted and other times expanded the Tribe’s authority. But Congress has never withdrawn the promised reservation.”

The decision is expected to have huge implications for criminal, and possibly civil, matters in most of eastern Oklahoma.

The state attorney general’s office has warned of hundreds of criminal convictions being overturned.

Chief Justice John Roberts, in a dissenting opinion, wrote Thursday, “Across this vast area, the State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out. On top of that, the Court has profoundly destabilized the governance of eastern Oklahoma.

“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.”

The long-awaited decision overturned the conviction of a child rapist who was tried in an Oklahoma state court.

The case focused on whether Jimcy McGirt should have been tried in a federal court because he is Native American and the crime was committed on land that was part of the historical Creek reservation.

The issue raised by the case was whether the Creek reservation, which includes eight counties and most of Tulsa, was ever officially terminated or whether the tribe and the federal government still exercise authority over some matters.

Congress never explicitly terminated the Creek reservation. But the state argued that Congress took steps, including allotting the land to tribal members, that had the effect of terminating the reservation.

But the majority opinion, written by Justice Neil Gorsuch, says the high court “has explained repeatedly that Congress does not disestablish a reservation simply by allowing the transfer of individual plots, whether to Native Americans or others.”

Though the case concerns the Muscogee (Creek) Nation, the decision is expected to apply to the other members of the Five Tribes — the Cherokee, Chickasaw, Choctaw and Seminole Nations.

The Five Tribes and Oklahoma Attorney General Mike Hunter, apparently anticipating the high court might declare the Creek reservation still exists, issued a joint statement on Thursday saying they had already made “substantial progress” toward an agreement resolving jurisdictional issues raised by the decision.

The agreement will be presented to Congress and the U.S. Justice Department, according to the statement.

“The Nations and the State are committed to ensuring that Jimcy McGirt, Patrick Murphy, and all other offenders face justice for the crimes for which they are accused. We have a shared commitment to maintaining public safety and long-term economic prosperity for the Nations and Oklahoma,” the tribes and state said.

“The Nations and the State are committed to implementing a framework of shared jurisdiction that will preserve sovereign interests and rights to self-government while affirming jurisdictional understandings, procedures, laws, and regulations that support public safety, our economy, and private property rights. We will continue our work, confident that we can accomplish more together than any of us could alone.”

The Supreme Court was taking its second crack at the topic after apparently deadlocking last year in a case involving an Oklahoma death row inmate whose crime was committed within the historical Creek boundaries and argued that he shouldn’t have been tried in state court.

The conviction of death row inmate Patrick Murphy was also overturned on Thursday, as the court resolved that case with the McGirt decision.

“This Court is aware of the potential for cost and conflict around jurisdictional boundaries,” the decision states.

“But Oklahoma and its tribes have proven time and again that they can work successfully together as partners,and Congress remains free to supplement its statutory directions about the lands in question at any time.”

The U.S. attorneys for Oklahoma’s three judicial districts issued a statement on Thursday, saying “As Oklahoma’s United States Attorneys, we are confident tribal, state, local, and federal law enforcement will work together to continue providing exceptional public safety under this new ruling by the United States Supreme Court.”

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What if the 5 C's decide to make generous use of the death penalty on their lands? What if they tell the Mexicans and Black's to GTFO?? What if they tell the White's to GTFO??? What if they tell the Indians whose ancestors were not "on the rolls" to GTFO??


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This has the potential to shake things up quite a bit in Oklahoma. Gorsuch seems to be a wild card and has come up with some rulings that no one expected.

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The US has many treaties with native american tribes they just plain ignore. The courts are about to change many things in our country because of it.
The government should have negotiated with tribes many years ago but chose to stick their head in the sand and pretend treaties were not binding. Well the courts say they are so get ready.
Wyoming now must allow tribal hunting on non inhabited lands in the Bighorns. I bet many more tribes will be stepping up to claim their rights based on treaties the government chooses to interpret for their benefit not the tribes.

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Red man's revenge???


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In it is contentment
In it is death and all you seek
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It is weird that the Court would go back to the date of Oklahoma statehood, 1907, to say that White Man laws may not apply in this former Indian Territory.
President Jackson in 1832 blatantly ignored a ruling by the Supreme Court, when he went ahead with the Trail of Tears and ran all of these guys out of North Carolina and Georgia, and deported them to Oklahoma in the first place.

Let's go back to 1831, and return the Cherokees to their native lands in North Carolina. Run all the Whities out of the NC mountains and bring back the wigwams and the scalp dances.

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Looks like it will be a Red state for the foreseeable future.

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Originally Posted by RemModel8
Looks like it will be a Red state for the foreseeable future.


Heh.
Yeah it does.


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Just musing.....

Some (in fact, a lot) tribal land passed into private hands through a process called an allotment. So if title to land passed that way, the owners still own it.

Ownership is one thing. Sovereignty is another.

So, FWIW, as I understand it, people who own property there still own it and if it passed by allotment into non-Indian hands, the tribe probably gave up sovereignty over it.

Maybe one of the 'fire attorneys can clarify.

In any event, I do predict a mess.


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Originally Posted by simonkenton7
It is weird that the Court would go back to the date of Oklahoma statehood, 1907, to say that White Man laws may not apply in this former Indian Territory.
President Jackson in 1832 blatantly ignored a ruling by the Supreme Court, when he went ahead with the Trail of Tears and ran all of these guys out of North Carolina and Georgia, and deported them to Oklahoma in the first place.

Let's go back to 1831, and return the Cherokees to their native lands in North Carolina. Run all the Whities out of the NC mountains and bring back the wigwams and the scalp dances.


Not hardly, try from Savannah Georgia north to the Ohio River and from East of Asheville NC, west to the Cumberland plateau in Tennessee. Over 40,000 square miles.

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Does this mean they get to keep the descendants of slaves they gave up with this treaty?
https://en.wikipedia.org/wiki/Creek_Freedmen

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R*E*D

L*I*V*E*S

M*A*T*T*E*R


A LOT in what used to be Oklahoma.

Roberts in his dissent added that "The State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out," and that "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."

I can see a whole bunch of new casinos and cheap cigarettes .....

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A gold mine for lawyers.


Imagine a corporate oligarchy so effective, so advanced and fine tuned that its citizens still call it a democracy.



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Originally Posted by Borchardt
A gold mine for lawyers.
^^^This^^^


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Originally Posted by denton
Just musing.....

Some (in fact, a lot) tribal land passed into private hands through a process called an allotment. So if title to land passed that way, the owners still own it.

Ownership is one thing. Sovereignty is another.

So, FWIW, as I understand it, people who own property there still own it and if it passed by allotment into non-Indian hands, the tribe probably gave up sovereignty over it.

Maybe one of the 'fire attorneys can clarify.

In any event, I do predict a mess.


This is what happens. You own it, but you get taxed to death.

https://www.nativetimes.com/index.p...ibe-wins-round-in-pender-booze-tax-fight

LINCOLN, Neb. (AP) – A federal judge ruled that the Omaha Tribe of Nebraska can collect a liquor tax on business owners in the northeast Nebraska city of Pender.

Senior U.S. District Judge Richard Kopf ruled late last week in Lincoln that Pender is inside the Omaha Reservation and thus is subject to the tribe's liquor regulations, the Sioux City (Iowa) Journal said.
conclusion:

"Once a block of land is set aside for an Indian Reservation and no matter what happens to the title of individual plots within the area, the entire block retains its reservation status until Congress explicitly indicates otherwise.''



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Does this mean that Blake Shelton is going to go to his ranch or Texoma Lake beach houses and find Pochantas Warren squatting there?

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I would think it would be common sense by now that we clearly didn't take the Indian wars far enough


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Insanity seems to be the new normal.

Get ready to rock.....


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I was born in Tulsa, do I now qualify for any reservation benefits?? Discount at the indian smoke shop?? laugh


"To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." -- Thomas Jefferson

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Originally Posted by wytex
The US has many treaties with native american tribes they just plain ignore. The courts are about to change many things in our country because of it.


Too bad the Supreme Court won't as liberally enforce the Second Amendment going back over 100 years to wipe out every last law that restricts The People's right to keep and bear arms, eh?? mad


"To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." -- Thomas Jefferson

We are all Rhodesians now.







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