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SCOTUS | For purposes of Major Crimes Act, land reserved for Creek Nation since 19th century remains Native American territory

Supreme Court of The United States

Supreme Court of The United States

Supreme Court of the United States of America (SCOTUS): The Supreme Court of the United States, in what is being touted as a landmark judgment in favour of Native Americans’ rights, held with a 5-4 majority that a major part of the state of Oklahoma is reserved land falling under Native American territory (referred to as “Indian territory” in the judgment) and debars state and local courts from trying criminal cases involving members of the Muscogee (Creek) Nation. It reaffirmed the reservation enjoyed by the Creek, granted to the Indians in a treaty dating back almost two centuries. The Court held that since the reservation had been promised in perpetuity, and although breached several times, it has never been extinguished or revoked by the Congress, and should, therefore, still be in place.

Background 

The appellant, Jimcy McGirt, is a convicted sexual offender convicted by the Oklahoma state court. However, he argued in post conviction proceedings that the state court worked beyond its jurisdiction in prosecuting him since “he is an enrolled member of the Seminole nation of Oklahoma and his crimes took place on the Creek Reservation.” He contends that he should be re-tried, only this time in a federal court, as per the Major Crimes Act (MCA) which states that Indians committing crimes on tribal lands should only be subjected to federal trials.

The Creek refers to the five present-day Native American tribes (the Muscogee, Cherokees, Chickasaws, Choctaws, and Seminoles)- that were displaced from what is now Georgia and Alabama on the promise that, in exchange, they will get to keep forever the lands which now encompasses the entire eastern half of the state of Oklahoma, referred to in the judgement as “Indian territory.” The Creek nation was allowed to govern themselves, free from interference by any state or territory enjoyed self-government. The issue at hand is whether the Indian reservation is still in place today, which shall determine whether tribals fall under the purview of federal criminal law exclusively.

Majority Opinion:

Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined.

Dissent:
Roberts, CJ,  with whom Alito, J. and Kavanaugh, J., join, and with whom Thomas, J. substantially joined.

  [McGirt v. Oklahoma, 591 U. S. ____ (2020), No. 18–9526, decided on 09-07-2020]

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