A 5-4 decision
declaring that much of eastern Oklahoma is an Indian reservation
could reshape criminal justice in the area by preventing state authorities
from prosecuting Native Americans.
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The Supreme Court ruled
on Thursday that much of eastern Oklahoma is an Indian reservation
and that state authorities do not have the authority to prosecute
criminal cases involving Native Americans. Credit...Anna Moneymaker
for The New York Times
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The Supreme Court on Thursday ruled that much of eastern Oklahoma
falls within an Indian reservation, a decision that could reshape
the criminal justice system by preventing state authorities from
prosecuting offenses there that involve Native Americans.
The
5-to-4 decision, potentially one of the most consequential legal
victories for Native Americans in decades, could have far-reaching
implications for the people who live across what the court affirmed
was Indian Country. The lands include much of Tulsa, Oklahoma's
second-biggest city.
The case was steeped in the United States government's long history
of brutal removals and broken treaties with Indigenous tribes, and
grappled with whether lands of the Muscogee (Creek) Nation had remained
a reservation after Oklahoma became a state.
A New Map of Oklahoma
The Supreme Court on Thursday ruled that much of eastern Oklahoma
falls within an Indian reservation.
TEXAS
Seminole
Nation
Tulsa
Oklahoma
City
Bartlesville
Chickasaw
Nation
Cherokee
Nation
ARK
MO
OKLAHOMA
Muskogee
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Source: Oklahoma Department of Transportation |
By The New York Times
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Ardmore
The decision puts in doubt hundreds of state convictions of Native
Americans and could change the handling of prosecutions across a
vast swath of the state. Lawyers were also examining whether it
had broader implications for taxing, zoning and other government
functions. But many of the specific impacts will be determined by
negotiations between state and federal authorities and five Native
American tribes in Oklahoma.
Justice Neil M. Gorsuch, a Westerner who has sided with tribes
in previous cases and joined the court's more liberal members to
form the majority, said that Congress had granted the Creek a reservation,
and that the United States needed to abide by its promises.
"Today we are asked whether the land these treaties promised remains
an Indian reservation for purposes of federal criminal law," Justice
Gorsuch wrote in the majority opinion. "Because Congress has not
said otherwise, we hold the government to its word."
How the court ruled
In McGirt v. Oklahoma, the court ruled, 5 to 4, that much of eastern
Oklahoma is an Indian reservation.
Liberal Bloc
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Conservative Bloc
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Sotomayor
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Ginsburg
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Kagan
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Breyer
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Roberts
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Kavanaugh
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Alito
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Gorsuch
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Thomas
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Muscogee leaders hailed the decision as a hard-fought victory that
clarified the status of their lands. The tribe said it would work
with state and federal law enforcement authorities to coordinate
public safety within the reservation.
"This is a historic day," Principal Chief David Hill said in an
interview. "This is amazing. It's never too late to make things
right."
The ruling comes at an extraordinary time for Native Americans.
They are being ravaged by the coronavirus both in the soaring numbers
of cases and deaths and the economic distress caused by closed casinos.
But at the same moment, the nationwide movement to confront systemic
racism has infused new energy and attention to generations-long
fights by tribal nations and Indigenous activists over land, treaty
rights and discrimination.
In the past few weeks, tribal activists garnered international
attention after they blocked the roads outside Mount Rushmore to
condemn President Trump's visit to what they called stolen lands.
They won a fight to shut
down an oil pipeline that crossed sacred ground in North Dakota.
In the face of growing pressure from corporate sponsors, the Washington
Redskins of the N.F.L. recently promised to re-evaluate
their team name, which activists have denounced for years as
racist.
On social media, people celebrated Thursday's decision with the
declaration Native Lives Matter.
"This brings these issues into public consciousness a little bit
more," said John Echohawk, executive director of the Native American
Rights Fund, a nonprofit organization that has spent five decades
fighting for issues like tribal sovereignty and recognition. "That's
one of the biggest problems we have, is that most people don't know
very much about us."
The court's decision means that Indigenous people who commit crimes
on the eastern Oklahoma reservation, which includes much of Tulsa,
cannot be prosecuted by state or local law enforcement, and must
instead face justice in tribal or federal courts.
Chief Justice John G. Roberts Jr. warned in a dissenting opinion
that the court's decision would wreak havoc and confusion on Oklahoma's
criminal justice system.
"The state's ability to prosecute serious crimes will be hobbled
and decades of past convictions could well be thrown out," Chief
Justice Roberts wrote. "On top of that, the court has profoundly
destabilized the governance of eastern Oklahoma."
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