SCOTUS; Half of Oklahoma returned to Native jurisdiction

[Agit8r]

News from SCOTUS on Oklahoma

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

 

[Meister]

Finally someone cleaned up the muddy legal waters. Now they can move forward without all the convoluted
legal aspects of who has legal authority.

 

[SassyIrishLass]

A convicted chomo? Really?

Shoulda shot the SOB

 

[007]

Can't say as though I disagree with the decision.

 

[Jets]

From OP link:

"Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking," Gorsuch wrote. "If Congress wishes to withdraw its promises, it must say so."


Works for me.

 

[martybegan]

Finally someone cleaned up the muddy legal waters. Now they can move forward without all the convoluted
legal aspects of who has legal authority.

I think they limited their determination here to the law in question. They can re-try the guy, but the feds have to do it. The opinion also stressed that it was limited to the application of this specific criminal law.

The criminal in question may now find out that he could be in for even more time served, as federal law is often more punishing that State law. I wonder if his legal team is ready now to try the case in Federal court, or do they have another trick up their sleeve.

 

[Gantlemagne]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

Happy times. Where to go from here. I think I know.

 

[Moonglow]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

First thing the tribes will do is put a tax on all commerce and real estate in Indian territory. Then they can wipe out the culture of those that destroyed theirs..

 

[007]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

Happy times. Where to go from here. I think I know.

Yep... look for more tribes to sue for land. There's been an ongoing fight over the Black Hills and parts of MT and WY for decades. I say if reservation boundaries were made and signed into treaty, and then that treaty was broken, not honored by the US, then it rightfully belongs to the Native Americans that inhabited the land before we bull dozed them over. Shouldn't make promises and then not keep them.

 

[Moonglow]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

Happy times. Where to go from here. I think I know.

Yep... look for more tribes to sue for land. There's been an ongoing fight over the Black Hills and parts of MT and WY for decades. I say if reservation boundaries were made and signed into treaty, and then that treaty was broken, not honored by the US, then it rightfully belongs to the Native Americans that inhabited the land before we bull dozed them over. Shouldn't make promises and then not keep them.

In Oklahoma they just took the land.

 

[007]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

Happy times. Where to go from here. I think I know.

Yep... look for more tribes to sue for land. There's been an ongoing fight over the Black Hills and parts of MT and WY for decades. I say if reservation boundaries were made and signed into treaty, and then that treaty was broken, not honored by the US, then it rightfully belongs to the Native Americans that inhabited the land before we bull dozed them over. Shouldn't make promises and then not keep them.

In Oklahoma they just took the land.

That's pretty much what they did in the Black Hills when gold was discovered.

 

[007]

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680?fbclid=IwAR3j1lZjnPgPZeUSalMs43OKT9R08D6ICIoXA5IF64R_U_rja6YZxvmaEi4

Yeah this just opened a huge can a worms...

 

[Agit8r]

Finally someone cleaned up the muddy legal waters. Now they can move forward without all the convoluted
legal aspects of who has legal authority.

I think they limited their determination here to the law in question. They can re-try the guy, but the feds have to do it. The opinion also stressed that it was limited to the application of this specific criminal law.

The criminal in question may now find out that he could be in for even more time served, as federal law is often more punishing that State law. I wonder if his legal team is ready now to try the case in Federal court, or do they have another trick up their sleeve.

Could have ramifications for other convictions, in Oklahoma and elsewhere. Could be interesting to watch.

 

[martybegan]

Finally someone cleaned up the muddy legal waters. Now they can move forward without all the convoluted
legal aspects of who has legal authority.

I think they limited their determination here to the law in question. They can re-try the guy, but the feds have to do it. The opinion also stressed that it was limited to the application of this specific criminal law.

The criminal in question may now find out that he could be in for even more time served, as federal law is often more punishing that State law. I wonder if his legal team is ready now to try the case in Federal court, or do they have another trick up their sleeve.

Could have ramifications for other convictions, in Oklahoma and elsewhere. Could be interesting to watch.

It could, however it does give the feds a "bite at the apple." Would someone say with 5 years left on a State conviction risk trying to vacate said conviction and risk a new federal trial and potential conviction?

 

[JLW]

The Supreme Court ruled Thursday that the land carved out for Native Americans in modern-day Oklahoma during the 19th century was never officially broken apart by Congress, and thus remains a reservation that belongs to the tribes in the area.

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680

Justice Neil Gorsuch said, “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.”

The Supremes got this case correct as well. Promises to Native Americans have been broken too many times and for too long.

 

[Manonthestreet]

How big is said tribe

 

[Crixus]

From OP link:

"Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking," Gorsuch wrote. "If Congress wishes to withdraw its promises, it must say so."


Works for me.

Put that way I agree.

 

[martybegan]

The Supreme Court ruled Thursday that the land carved out for Native Americans in modern-day Oklahoma during the 19th century was never officially broken apart by Congress, and thus remains a reservation that belongs to the tribes in the area.

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680

Justice Neil Gorsuch said, “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.”

The Supremes got this case correct as well. Promises to Native Americans have been broken too many times and for too long.

It doesn't translate to civil jurisdiction or to any actual property rights. It just means that members of tribes in those areas under the given treaty fall under a federal law that gives the feds the right and duty to try criminals for major crimes.

Also, any criminal in the right mind (except this guy for some reason) wouldn't want to have their case moved to a federal court, where the penalties are far more severe, and there is no parole or early release short of Presidential interaction.

 

[Billiejeens]

From OP link:

"Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking," Gorsuch wrote. "If Congress wishes to withdraw its promises, it must say so."


Works for me.

Poor guy hasn't been in Washington long enough to know how congress works yet.

 

[Billiejeens]

The Supreme Court ruled Thursday that the land carved out for Native Americans in modern-day Oklahoma during the 19th century was never officially broken apart by Congress, and thus remains a reservation that belongs to the tribes in the area.

The 5-4 decision handed down in McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.

In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.

https://www.newsweek.com/half-oklahoma-belongs-native-tribe-supreme-court-rules-1516680

Justice Neil Gorsuch said, “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.”

The Supremes got this case correct as well. Promises to Native Americans have been broken too many times and for too long.

It doesn't translate to civil jurisdiction or to any actual property rights. It just means that members of tribes in those areas under the given treaty fall under a federal law that gives the feds the right and duty to try criminals for major crimes.

Also, any criminal in the right mind (except this guy for some reason) wouldn't want to have their case moved to a federal court, where the penalties are far more severe, and there is no parole or early release short of Presidential interaction.

And the Feds have about a 99% conviction rate
It was a stall tactic
That's it
Never thought he would actually win