SCOTUS; Half of Oklahoma returned to Native jurisdiction

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.


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

Could they think that Federal law in this case requires some form of interstate movement to make it viable?
 
Wow....................and this was Trump's appointee. Wonder if he was clued into MAGA, because giving 1/2 of OK away is NOT MAGA.
 
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.

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.
What I'm proud of most is how the Sioux butchered the Cheyenne in such a horrific way to steal the lands from them. Give it to the Sioux to give back to the Cheyenne. Would that work?

Every God Damned human being has the same instincts. No one is better than the other
 
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.


No personal content from OP
 
Mark Levin just called Gorsuch a gadfly. And as he also said, that ain't good.
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
I think the last time the Indians were in court was when a Democrat Andrew Jackson, put the indians on the trail of tears, even after the supreme court told the Democrat it was wrong to steal their land. Something about Democrats always stealing other peoples stuff...
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
I guess you never heard of Indian reservations before.

Yes, there are reservations in OK, but they don't make up the entire eastern half of the state. Guess you didn't read the article, did you?
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
I guess you never heard of Indian reservations before.

Yes, there are reservations in OK, but they don't make up the entire eastern half of the state. Guess you didn't read the article, did you?
I read the entire article, show me in it where this is cause for concern?
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
I guess you never heard of Indian reservations before.

Yes, there are reservations in OK, but they don't make up the entire eastern half of the state. Guess you didn't read the article, did you?
I read the entire article, show me in it where this is cause for concern?

Well, if the entire eastern half of OK is Native American territory, then eventually they can push for taking over the cities contained in that area. And, that would mean that tribal law, not state, controls that area.

From the article..........................


WASHINGTON – The Supreme Court ruled Thursday that the eastern half of Oklahoma can be considered Native American territory, a decision the state warned could create "civil, criminal and regulatory turmoil."

The 5-4 decision was written by Associate Justice Neil Gorsuch and joined by the court's four liberal justices. The justices considered the issue for the second time after failing to decide a different case last year, when Gorsuch was recused and the court likely deadlocked.
 
The end of the article states this


Many Oklahoma public officials, including Republican Rep. Tom Cole and former Democratic Gov. Brad Henry, had urged the justices to rule in favor of the Native American tribes whose sovereignty they said has been good for the state.


Snip*

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," they said.
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
Not only that, a federal judge ordered the pipeline in South Dakota shut down.
 
The end of the article states this


Many Oklahoma public officials, including Republican Rep. Tom Cole and former Democratic Gov. Brad Henry, had urged the justices to rule in favor of the Native American tribes whose sovereignty they said has been good for the state.


Snip*

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," they said.
Yes, the Native American tribes has been good for the state because of casino revenue for taxation. Before that they were treated like blacks.
 

This is the case Trump should have been tweeting about, if he cared about anything other than himself.

Neil Gorsuch Gives Half of Oklahoma to the Indians
That is not what Gorsuch did.

He applied the law as written.

Injuns must be tried in federal court by the US Attorney for serious crimes, as legislated. Crimes agains injuns must also be tried bu the Fed Gov.

Don't like it??? Change the law....CONGRESS!!!


I am so glad we got Gorsuch. He is the real deal.
 

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