moment Posted July 9, 2020 (edited) Washington (CNN)--July 9th, 2020 The Supreme Court said Thursday that a large swath of eastern Oklahoma, including Tulsa, is Native American land for purposes of federal criminal law in a decision that the state argued could call into question thousands of state prosecutions for serious crimes. Justice Neil Gorsuch penned the 5-4 opinion joined by the liberals on the bench. "Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law," said Gorsuch, who was appointed by President Donald Trump. "Because Congress has not said otherwise, we hold the government to its word," he said. Under the law, crimes involving Native Americans on a reservation are under federal, not state, jurisdiction. The unique case represented the opportunity for the Supreme Court to weigh in on the limits of tribal sovereignty and revisit the country's horrific history of displacing native tribes from their land. The question before the court involved a case brought by Jimcy McGirt, a member of Seminole Nation of Oklahoma, who argued that his case ought to be tried by the federal government because the crimes were committed on the land of historic Muscogee (Creek) Nation. The distinction of whether the large swath of eastern Oklahoma qualified as reservation land was key -- under federal law, major crimes committed by individuals on Native American land must be tried by the federal government. "The Supreme Court reaffirmed today that when the United States makes promises, the courts will keep those promises," Ian Gershengorn, a lawyer for McGirt who argued the case in May, said in a statement to CNN. "Congress persuaded the Creek Nation to walk the Trail of Tears with promises of a reservation—and the Court today correctly recognized that that this reservation endures." Edited July 9, 2020 by moment 1 Share this post Link to post Share on other sites
SirPalomides Posted July 9, 2020 Knowing very little about this issue, I wonder what practical consequences this might have. 1 Share this post Link to post Share on other sites
moment Posted July 9, 2020 19 minutes ago, SirPalomides said: Knowing very little about this issue, I wonder what practical consequences this might have. That is my interest also. Any subjective prognosis, or historical perspective on your part, is gladly invited! Share this post Link to post Share on other sites
moment Posted July 9, 2020 Supreme Court Rules Nearly Half of Oklahoma Is Indian Reservation – The 5-to-4 decision could reshape criminal justice in eastern Oklahoma by preventing state authorities from prosecuting Native Americans. 1 Share this post Link to post Share on other sites
zerostao Posted July 10, 2020 The July 6 federal court ruling in favor of Standing Rock, whereby the dapl pipeline is ordered to be drained within 30 days. This will be a test of corporate oligarchy vs the law of the land as energy transfer partners have already announced they have no intention of shutting down the pipeline. Big oil doesn't have to recognize federal court orders. 1 Share this post Link to post Share on other sites
silent thunder Posted July 10, 2020 US made myriad promises to the Native population. So far it has kept only one... 'we will take your land.' 1 Share this post Link to post Share on other sites
