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George II

(67,782 posts)
Thu Jul 9, 2020, 10:58 AM Jul 2020

Supreme Court rules that large swath of Oklahoma belongs to Indian reservation

Source: The Hill

The Supreme Court ruled on Thursday that a large swath of Oklahoma belongs to Native American tribes in a huge win for a reservation that challenged the state's authority to prosecute crimes on its land.

Justice Neil Gorsuch wrote for a 5-4 majority, ruling that disputed area that covers roughly half of the state actually belongs to the Muscogee (Creek) Nation.

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

The ruling could upend the state's authority over much of the land and restrict it from prosecuting tribal members who commit crimes on the reservation.

Read more: https://thehill.com/homenews/state-watch/506548-supreme-court-rules-that-large-swath-of-oklahoma-belongs-to-indian?__twitter_impression=true&__twitter_impression=true&__twitter_impression=true&__twitter_impression=true&__twitter_impression=true&__twitter_impression=true



Another good decision from the Supreme Court. This was lost in the shuffle of the other big rulings even though it was the first to be released.
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Supreme Court rules that large swath of Oklahoma belongs to Indian reservation (Original Post) George II Jul 2020 OP
WOWZA! Bayard Jul 2020 #1
It overturns a child rapist conviction. OneCrazyDiamond Jul 2020 #45
It was a defense move by an accused wnylib Jul 2020 #63
Wonderful news! FM123 Jul 2020 #2
Heart & Soul Me. Jul 2020 #6
No way. Am I reading this right? Laelth Jul 2020 #3
No mistake. Before Oklahoma became a state, its name was marybourg Jul 2020 #16
Oh, I know that. Laelth Jul 2020 #21
Actually, it was not divided equally. yellerpup Jul 2020 #38
There were also people from other eastern tribes wnylib Jul 2020 #64
Hi, thanks for your response. yellerpup Jul 2020 #65
I wasn't criticizing you, just adding info wnylib Jul 2020 #66
One of my good friends yellerpup Jul 2020 #68
Yeah, the gave the Indians the worst land they could find. Aristus Jul 2020 #62
Andrew Jackson will be rolling in his grave. lagomorph777 Jul 2020 #17
Lincoln too Polybius Jul 2020 #58
No. It applies to criminal prosecution. It doesn't "give back" the land to the tribes OKNancy Jul 2020 #19
Thank you for tirelessly attempting to educate us. Laelth Jul 2020 #32
LOL thanks OKNancy Jul 2020 #34
Well, it is a start. not_the_one Jul 2020 #39
gorsuch no longer fears trumper reprisals, or could be making case to future Dem empedocles Jul 2020 #4
Gorsuch was a judge in Colorado pscot Jul 2020 #48
Double Triple WOW Me. Jul 2020 #5
This was a criminal law case. former9thward Jul 2020 #53
I Know THis Me. Jul 2020 #54
It's about fucking time!!! White men have been jailing indians in this nation since the white man BComplex Jul 2020 #7
I agree. ChazInAz Jul 2020 #40
I agree with you on that. Indian reservations are the most underrepresented constituents in the BComplex Jul 2020 #60
Kick For Visibility Me. Jul 2020 #8
Half! (Picture Eddie Murphy) LaelthsDaughter Jul 2020 #9
I'll say it again, the 51st state should be all of the native american reservations (NT) Coleman Jul 2020 #10
That's a really good idea. Laelth Jul 2020 #13
That is a really good plan! n/t Metatron Jul 2020 #14
Bantustans worked so well in South Africa... brooklynite Jul 2020 #46
I think Trump thought he had a rubber stamp in his justice picks padah513 Jul 2020 #11
K&R highplainsdem Jul 2020 #12
that's a big win Roc2020 Jul 2020 #15
Not really - very narrow OKNancy Jul 2020 #18
I think it's Robert's dissent.... LeftInTX Jul 2020 #25
Map LiberalArkie Jul 2020 #20
Wow!!! I did not see this coming!!! LeftInTX Jul 2020 #22
applies to only Indians in criminal cases OKNancy Jul 2020 #26
Got it!! LeftInTX Jul 2020 #27
Here in Michigan, I live in the boundaries of safeinOhio Jul 2020 #41
The state should have known better and it was 2naSalit Jul 2020 #23
Just one more post to help you all understand Oklahoma OKNancy Jul 2020 #24
This message was self-deleted by its author stillcool Jul 2020 #49
I can't grasp what you're saying.... stillcool Jul 2020 #50
Could they apply for statehood? LiberalFighter Jul 2020 #28
They already have Nationship safeinOhio Jul 2020 #42
This is wonderful news. pandr32 Jul 2020 #29
Good news for tribal sovereignty Warpy Jul 2020 #30
It's narrow...only applies to major criminal cases. (State versus federal) LeftInTX Jul 2020 #35
It means the State of OK has no jurisdiction in what was Indian Territory. roamer65 Jul 2020 #59
I hate to belabor this point but there is no reserved Indian lands in Oklahoma OKNancy Jul 2020 #36
Right, the unassigned lands were opened up to white colonization in 1889 Warpy Jul 2020 #47
LOL more stuff you might like to know OKNancy Jul 2020 #55
I've driven across it on I 40 three times Warpy Jul 2020 #57
Oklahoma is not the West? Throckmorton Jul 2020 #52
Trump will soon announce he's building a wall and the Muscogee (Creek) Nation will be paying for it AKing Jul 2020 #31
From what I understand this means criminal cases will need to be tried in federal court, LeftInTX Jul 2020 #33
That's OK with me lame54 Jul 2020 #37
Damn you. Dr. Strange Jul 2020 #67
Is this going to affect season 12 of Street Outlaws? Doug.Goodall Jul 2020 #43
I guess this means, Doc_Technical Jul 2020 #44
Could this ruling be applied to national parks? OneCrazyDiamond Jul 2020 #51
It's Native American territory. roamer65 Jul 2020 #56
If you want to know the incredible history locks Jul 2020 #61

OneCrazyDiamond

(2,032 posts)
45. It overturns a child rapist conviction.
Thu Jul 9, 2020, 02:33 PM
Jul 2020
https://oklahoman.com/article/5666401/us-supreme-court-rules-against-oklahoma-in-creek-nation-case.

The long-awaited decision overturned the conviction of a child rapist who was tried in an Oklahoma state court.


They say he will be retried though.

wnylib

(21,511 posts)
63. It was a defense move by an accused
Fri Jul 10, 2020, 11:56 AM
Jul 2020

and convicted man for his own self interest and not the interests of the tribe. Yet, the tribe benefits in the end.

Not sure if he can be tried again in these circumstances. I sure hope so. And convicted again.

FM123

(10,054 posts)
2. Wonderful news!
Thu Jul 9, 2020, 11:01 AM
Jul 2020

While the other two decisions today were without a doubt monumental, this is the one warms my heart and soul.

Laelth

(32,017 posts)
3. No way. Am I reading this right?
Thu Jul 9, 2020, 11:02 AM
Jul 2020

HALF the state? Really?

I’m thrilled, if it’s true, but there’s got to be some kind of mistake, here.



-Laelth

Laelth

(32,017 posts)
21. Oh, I know that.
Thu Jul 9, 2020, 11:48 AM
Jul 2020

But it was divided, roughly equally, between five tribes: Muscogee, Chickasaw, Choctaw, Seminole, and Cherokee. How did the Muscogee end up with half the state? This is just wierd (although glorious, in its own way).

-Laelth

yellerpup

(12,253 posts)
38. Actually, it was not divided equally.
Thu Jul 9, 2020, 01:32 PM
Jul 2020

The Eastern part of the state is divided among the Civilized Tribes (Cherokee, Choctaw, Chickasaw, Creek (Muskogee), and Seminole. The rest of the state was used to either imprison survivors of the genocide visited on the Western tribes (example: Kiowa, Cheyenne, Comanche) or opened up to white settlement (Central Oklahoma) in the Early 1890's with the Land Run. The Creek activists locally are celebrating today!

wnylib

(21,511 posts)
64. There were also people from other eastern tribes
Fri Jul 10, 2020, 12:19 PM
Jul 2020

who were removed to Oklahoma. It was part of an ethnic cleansing movement to relocate ALL eastern tribes to live west of the Mississippi. Parts of some of the Iroquoian tribes relocated to Oklahoma. The ones who had remained behind to fight in court helped some of their members to return because conditions were so bad in Oklahoma that people were dying of starvation and disease.

Some of the people remained in OK though, unable to make the trip back home again. They received a section of land in northeastern OK as a reservation.

There were many eastern tribes besides the 5 rhat people know about who were forcibly removed to OK in order to cleanse all the land east of the Mississippi of Native inhabitants. SCOTUS ruled against it, but Andrew Jackson defied them and sent the military in to forcibly remove them.

Jackson was a populist who could get away with defying SCOTUS. He is also one of Benedict Donald's heros.

yellerpup

(12,253 posts)
65. Hi, thanks for your response.
Fri Jul 10, 2020, 12:31 PM
Jul 2020

Yes, there are many tribes I did not mention because there are many and every one is different. I live in NE Oklahoma within the Cherokee Nation and have friends of many tribes (not just the so-called Civilized Tribes) who live nearby. Like the Seneca, Miami, Ottowa, Leni Lenape, Quawpa (all within 50 miles from where I love). I didn't mean to give anyone short shrift; there are the remaining survivors from more than a hundred tribes within the borders of the state. All of the tribes in Oklahoma were removed here forcibly. Every tribe has their own Trail of Tears.

wnylib

(21,511 posts)
66. I wasn't criticizing you, just adding info
Fri Jul 10, 2020, 01:25 PM
Jul 2020

for people who might not be aware.

My grandmother had Seneca and Mohawk ancestry. While researching her family history, I came across archives of letters discussing who to send to OK to aid the people there in returning if they wanted to. The letters also discussed court battles to remain in NY.

In the end, the Seneca people remain on their own traditional land, although its size is greatly reduced.

yellerpup

(12,253 posts)
68. One of my good friends
Fri Jul 10, 2020, 04:38 PM
Jul 2020

is a Mohawk (from the Bronx). She taught college here in OK before she moved back east to teach at Brown. Thanks for adding history. I appreciate it!

Aristus

(66,409 posts)
62. Yeah, the gave the Indians the worst land they could find.
Fri Jul 10, 2020, 11:09 AM
Jul 2020

Then they decided they wanted that land, too. Thus: Oklahoma.

OKNancy

(41,832 posts)
34. LOL thanks
Thu Jul 9, 2020, 12:24 PM
Jul 2020

I used to teach high school Oklahoma History. Back in the old days it was a required course in Oklahoma schools.

 

not_the_one

(2,227 posts)
39. Well, it is a start.
Thu Jul 9, 2020, 01:37 PM
Jul 2020

Anything that will appear as a reversal of our callous attitude towards the ORIGINAL residents of what is now the US of A.

As far as I am concerned, we have TWO ORIGINAL SINS that need to be addressed. THAT (the stealing of the indigenous people's land, the slaughter of their people, and the fact that we reneged on almost every treaty we signed with them - over 500) and SLAVERY (buying and selling of humans for the purpose of forced servitude).

We got some serious splainin to do. Mea culpas won't be sufficient. And "Shit Happens" is not a valid explanation.

empedocles

(15,751 posts)
4. gorsuch no longer fears trumper reprisals, or could be making case to future Dem
Thu Jul 9, 2020, 11:03 AM
Jul 2020

majorities, or . . . , or that gorsuch is not a true member of the 'treason trump wing of SCOTUS], or . .

pscot

(21,024 posts)
48. Gorsuch was a judge in Colorado
Thu Jul 9, 2020, 03:36 PM
Jul 2020

He has a history with native claims and he's been generally sympathetic. He understands the history.

Me.

(35,454 posts)
5. Double Triple WOW
Thu Jul 9, 2020, 11:04 AM
Jul 2020

This had implications far beyond Oklahoma, like in S.D. where that Noom person was ordering them about. And what does this mean for future Mt. Rushmore? I bet Senator Warren is happy about this given his recent taunts in her direction.

former9thward

(32,030 posts)
53. This was a criminal law case.
Thu Jul 9, 2020, 07:13 PM
Jul 2020

Not a land case. It will not apply to the other situations you are commenting on. This case overturned the conviction of a child rapist.

Me.

(35,454 posts)
54. I Know THis
Thu Jul 9, 2020, 07:23 PM
Jul 2020

and that the rape case will likely be tried again. However to me, it sends a message, especially where standing is concerned and in matters where the native Americans have had their rights ignored and been subjected to major racism, it might generate a major re-think. JUst the sound of 'owning half the state' sounds huge.

BComplex

(8,058 posts)
7. It's about fucking time!!! White men have been jailing indians in this nation since the white man
Thu Jul 9, 2020, 11:04 AM
Jul 2020

got here.

Indians are perfectly capable of handling their own affairs.

ChazInAz

(2,571 posts)
40. I agree.
Thu Jul 9, 2020, 01:41 PM
Jul 2020

The original occupants of this country should also have a large, permanent representation in both houses of congress.

BComplex

(8,058 posts)
60. I agree with you on that. Indian reservations are the most underrepresented constituents in the
Fri Jul 10, 2020, 09:22 AM
Jul 2020

nation, and it has been this way intentionally.

LaelthsDaughter

(150 posts)
9. Half! (Picture Eddie Murphy)
Thu Jul 9, 2020, 11:18 AM
Jul 2020

Native Americans: I don’t like the way you’ve been treating me! I want my land. I want Half, USA.

USA: Alright, alright! How about half of Oklahoma?

Native Americans: Deal!

I’m glad they won the case; this is kinds funny though.

brooklynite

(94,626 posts)
46. Bantustans worked so well in South Africa...
Thu Jul 9, 2020, 03:23 PM
Jul 2020

If they're not contiguous, and the tribes don't share heritage, I don't see the benefit.

padah513

(2,503 posts)
11. I think Trump thought he had a rubber stamp in his justice picks
Thu Jul 9, 2020, 11:23 AM
Jul 2020

Gorsuch has shown at least twice recently that that's not the case. He still has boof boy on lock though.

OKNancy

(41,832 posts)
18. Not really - very narrow
Thu Jul 9, 2020, 11:45 AM
Jul 2020

For now it only applies to criminal cases on the historical Creek lands.
THe whole states NA population is only 9.3% and the Creek Nation is not that large.

Here is a map of the "historical" Muscogee Creek Nation.

https://en.wikipedia.org/wiki/Indian_Territory#/media/File:Okterritory.png

ETA: boy a bunch of people in this thread are way off in what the case was about.

LeftInTX

(25,422 posts)
25. I think it's Robert's dissent....
Thu Jul 9, 2020, 11:57 AM
Jul 2020

He's being hypothetical:


"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,"


I think the word "uncertainty" is the key....I think he's being hypothetical and he thinks it might be setting a president that may bring cases that try to upend state and local governments. You know how these types thinks...he's imagining, it could possibly happen, but it doesn't mean that it will.

LiberalArkie

(15,720 posts)
20. Map
Thu Jul 9, 2020, 11:48 AM
Jul 2020


In the 5-4 decision, the majority ruled that the disputed area covering roughly half of the state and most of the city of Tulsa belongs to the Muscogee (Creek) Nation.

LeftInTX

(25,422 posts)
22. Wow!!! I did not see this coming!!!
Thu Jul 9, 2020, 11:53 AM
Jul 2020

This is a criminal jurisdiction case.

What happens to all the state and local governments established within Indian Territory? Will they have two governments that co-exist?

Or just does ruling only apply to Native Americans who live within this area? For instance they will have civil rights restored that belonged to them. (That is what I'm kinda thinking)


Is Roberts just being hypothetical in his dissent?

safeinOhio

(32,698 posts)
41. Here in Michigan, I live in the boundaries of
Thu Jul 9, 2020, 01:50 PM
Jul 2020

the Saginaw Chippewa Reservation. Not a member of the Tribe, but if I get pulled over by Tribal Police I must to the Tribal court. The Tribe is responsible for fires at my house and across the street it is the township. I'm lucky as the Tribal Fire dept. is always 10 minutes faster. I do have a Tribal library card :thumbs:. I'm sure it will work out there as it does here. Respect of both parties.
Another great ruling.

2naSalit

(86,671 posts)
23. The state should have known better and it was
Thu Jul 9, 2020, 11:56 AM
Jul 2020

a major attempt to further disenfranchise the Native Americans in that region. Federal Law/Federal Indian Law excludes states from jurisdiction on Indian sovereign nations (reservations) period.

Most of the tribes in my area have to constantly fight the states over this fact, states have NO jurisdiction on reservations. That is a federal issue and when a crime is committed on a reservation, the FBI gets involved along with the tribal LEOs.

OKNancy

(41,832 posts)
24. Just one more post to help you all understand Oklahoma
Thu Jul 9, 2020, 11:56 AM
Jul 2020

There are not real Indian reservations in Oklahoma. There is no place where the NA population is a majority in Oklahoma even in the traditional areas of settlement. The Indians here live and operate just like the surrounding population. In most cases you can't even tell who is on the Indian rolls by looks or by profession or wealth.

It's not at all like in New Mexico or Arizona.

Response to OKNancy (Reply #24)

Warpy

(111,292 posts)
30. Good news for tribal sovereignty
Thu Jul 9, 2020, 12:10 PM
Jul 2020

One of the first people I met out west was a lawyer who was one of the first qualified in both federal and tribal law. I was a bit taken aback by the extent the Feds poked their noses into things that should have been handled by the tribes. She was shocked that I was shocked.

This is a great ruling and should serve to protect the land they still have, as white folks will be a lot less interested in encroaching onto it if they have to face a tribal justice system instead of their own.

So Gorsuch crossed the line again. We might be seeing the beginning of a tag team here, "whose turn is it to piss off the GeeOhPee by coming down on the right side of history?" There is little hope for either Alito or Thomas, but the other three seem open to reason from time to time.

Yes, even Kavanaugh. Surprise, surprise.

LeftInTX

(25,422 posts)
35. It's narrow...only applies to major criminal cases. (State versus federal)
Thu Jul 9, 2020, 12:28 PM
Jul 2020

There is a man on Oklahoma Death Row, who brought this up on his appeal. I guess Oklahoma will have to release him and Mr McGirt? It was established today that these cases are federal, not state jurisdiction.

A pair of U.S. Supreme Court cases first originating around 2015 challenged part of the Oklahoma Enabling Act by asserting that the Act failed to actually disestablish the reservation lands for the purposes of determining whether a crime committed on those lands was of the state's jurisdiction (if they had been disestablished) or federal (if they remained reservations), under the Major Crimes Act. In July 2020, the Supreme Court rules that Congress did in fact fail to disestablish the reservations in the Enabling Act, and thus for purposes of the Major Crimes Act, those lands that were former reservations should be considered "Indian country" and are overseen by federal jurisdiction.[10]


https://en.wikipedia.org/wiki/Major_Crimes_Act

roamer65

(36,745 posts)
59. It means the State of OK has no jurisdiction in what was Indian Territory.
Fri Jul 10, 2020, 02:51 AM
Jul 2020

Very far reaching decision. Will be interesting to see how much autonomy is gained by this new territory.

OKNancy

(41,832 posts)
36. I hate to belabor this point but there is no reserved Indian lands in Oklahoma
Thu Jul 9, 2020, 12:34 PM
Jul 2020

Land is not reserved solely for Indians to live on. If an Indian wants to buy property they do it just like the rest of the population here.
There are tribal districts where they can run their own hospitals and casinos etc., but the NA population is spread out all over the state.
As I wrote before, it's not like reservations like in the west or in the Dakotas.

Warpy

(111,292 posts)
47. Right, the unassigned lands were opened up to white colonization in 1889
Thu Jul 9, 2020, 03:31 PM
Jul 2020

I wasn't aware the reservations had also been abolished. I've never lived there and it's a history I have neglected in my reading. It makes sense that once white folks had figured out how to grow food in a semi desert prairie, the reservations there were doomed.

Here, the NA population is spread out all over the state, the reservations being inadequate, to say the least, to support the tribes. Casinos have done a lot to improve things for them, gamblers providing the support the Feds reneged on, but there is a long way to go. Mostly what they lack is enough land, desert farming requires a hell of a lot of it.

OKNancy

(41,832 posts)
55. LOL more stuff you might like to know
Thu Jul 9, 2020, 08:30 PM
Jul 2020

Only about the western 1/3 of Oklahoma is prairie. The eastern on half is wooded semi rolling hills. The southeast part has lumber as a major industry ( wooded, lush, and some beautiful scenery)
Oklahoma is like 4 different geographic regions. Northeast is like the midwest, Southeast is little Dixie, Northwest is wheat, prairie ( and natural gas) and the southwest is like well... the Southwest.



Warpy

(111,292 posts)
57. I've driven across it on I 40 three times
Thu Jul 9, 2020, 11:55 PM
Jul 2020

and all I can remember is cows, grass and oil wells with OKC in the middle.

It's where I saw my first big wind farm, I'll give it that much. Nice people, don't know why they insist on voting for such piss poor representation.

Throckmorton

(3,579 posts)
52. Oklahoma is not the West?
Thu Jul 9, 2020, 06:48 PM
Jul 2020

But, being a Connecticut resident for much of my 58 years, I think everything West of Pennsylvania is the west. 😁

LeftInTX

(25,422 posts)
33. From what I understand this means criminal cases will need to be tried in federal court,
Thu Jul 9, 2020, 12:16 PM
Jul 2020

for card carrying Native Americans who are residing in former Indian Territory.

It's one of those things where you would probably have to read the whole thing...and I'm no lawyer and I don't have the time.

I don't know if this applies to local ordinances (traffic tickets etc)

Doc_Technical

(3,527 posts)
44. I guess this means,
Thu Jul 9, 2020, 02:23 PM
Jul 2020

that we will have to consult George W. Bush
in matters about Native American sovereignty.

roamer65

(36,745 posts)
56. It's Native American territory.
Thu Jul 9, 2020, 11:45 PM
Jul 2020

Last edited Fri Jul 10, 2020, 03:28 AM - Edit history (1)

The state of OK has no jurisdiction in that territory now.

I wonder if we will be going back to a 49 star flag, or maybe to a 51 star flag.

locks

(2,012 posts)
61. If you want to know the incredible history
Fri Jul 10, 2020, 09:51 AM
Jul 2020

of the Five Civilized Tribes in Oklahoma read books like " And Still the Waters Run" by Angie Debo. I lived in her small town in Oklahoma when she wrote this and many great histories of the Creek, Choctaw, the rise and fall of the Republics and life of Geronimo.
We can never make up for the awful betrayals of treaties with hundreds of tribes, the Trail of Tears and the treatment of the great leaders like Chief Ouray but at least we can learn the true history of Native Americans just as our children are finally learning the true story of slavery, Jim Crow, lynching and racism.
Not sure where all those Tulsans and Oklahomans are going if they want to leave the reservation; just hope it's not Colorado.

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