US Supreme Court rules against Oklahoma in Creek Nation case - The Oklahoman by Chris Casteel
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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 But Congress has never withdrawn the promised reservation.”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.”
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.”
