"Google Maps aims to provide the freshest, most accurate map possible. The decision has met celebration among some American Indians, as well as deep concern from legal experts and state officials. Congress disestablished any reservation in a series of statutes leading up to Oklahoma statehood at the turn of the 19th century. by Stephanie Moser Goins [1]. Got a confidential news tip? The ruling has a number of significant consequences for criminal law in the relevant portion of Oklahoma. Yakoke (thank you) for visiting ChoctawNation.com. 2 MCGIRT v. OKLAHOMA Opinion of the Court I . (RELATED: BARR: Have Democrats Finally Intimidated Conservatives On The Supreme Court? Other articles by Native News Online Staff. But everyone within the territory will now have to contend with new rules and a greatly altered system of justice. These reservations are now viewable and searchable on Google Maps," Raleigh Seamster, program manager for Google Maps said. McGirt is serving a life sentence after being convicted in Oklahoma state court of raping a 4-year-old child in 1997. You may contact us by completing the form provided, calling 1-800-522-6170 or by emailhelp@choctawnation.com, Mailing Address: The ruling in the case of convicted child rapist Jimcy McGirt, and in a related one Thursday by the Supreme Court involving another Muscogee Nation member, convicted murderer Patrick Murphy, overturns their convictions on state charges. But we hope it inspires you to make a gift to Native News Online so that we can continue publishing more stories that make a difference to Native people, whether they live on or off the reservation. Leadership Circle Crowds line up outside the Supreme Court as it resumes oral arguments at the start of its new term in Washington, U.S., October 7, 2019. The high court agreed. But the Supreme Courts’ majority opinion argued that as it was never formally abolished by Congress, the immense Creek Reservation still exists, and all those living in its borders today are on Indian land. 18-9526, an appeal from a state court’s decision, was the Supreme Court’s second attempt to resolve the status of eastern Oklahoma. Don’t Panic: The Implications of McGirt v.Oklahoma for the Oil and Gas Industry in Oklahoma. Gorsuch, a conservative justice, was joined in the majority by the court's four liberal justices, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. A report from the Oklahoma Tax Commission indicates the decision in McGirt v. Oklahoma could reduce the amount of individual income tax and sales and use taxes collected by the state. Still, some tribal attorneys have stated the total changes will be minor. The ruling will have significant legal implications for eastern Oklahoma. Kevin Stitt said, "I am aware the ruling in McGirt v. Oklahoma was handed down this morning by the U.S. Supreme Court.". McGirt, 71, is serving a 500-year prison sentence for molesting a child. The high court agreed. Then there’s the issue of past decisions — many of them are now considered wrongful convictions because the state lacked jurisdiction. McGirt's lawyer, Ian Heath Gershengorn, in an emailed statement said, "The Supreme Court reaffirmed today that when the United States makes promises, the courts will keep those promises.". ). 2452 (2020)) earlier this year? McGirt, 71, has served more than two decades in prison after being convicted in 1997 in Wagoner County in eastern Oklahoma of rape, lewd molestation and forcible sodomy of a 4-year-old girl. The Cherokee Nation reservation boundaries include 7,000 miles in northeastern Oklahoma. Download KWSU Schedule They’re sacred. "A State could encroach on the tribal boundaries or legal rights Congress provided, and, with enough time and patience, nullify the promises made in the name of the United States. Thank you. It’s important to note that the case concerned jurisdiction, not land ownership. The ruling will affect lands of the Muscogee and four other Oklahoma tribes with identical treaties. CLICK to view the Cherokee Nation reservation on Google Maps. ), “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law,” Gorsuch wrote. A number of criminal defendants who have been convicted in the past will now have a grounds to challenge their conviction, arguing that the state never had jurisdiction to try them. In post-conviction proceedings, McGirt argued that the state lacked jurisdiction in the case, and that he must be retried in federal court. He will likely have charges brought against him and be retried in federal court, but he is not expected to be released from prison, said Michael McBride, who specializes in tribal law at an Oklahoma City-based firm. Watch Online The decision to recognize half of the state as tribal land could affect other tribes in the state such as the Cherokee, Chickasaw, Choctaw and Seminole. More specifically, McGirt had committed the crimes within the Muscogee (also known as the Creek) Nation, which he claimed is a reservation located in Eastern Oklahoma that was first established in 1866. McGirt … Estate Planning That would be at odds with the Constitution, which entrusts Congress with the authority to regulate commerce with Native Americans, and directs that federal treaties and statutes are the 'supreme Law of the Land,'" he wrote. The decision was 5-4, with Justices Gorsuch, Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer in the majority, while Justices John Roberts, Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented. The Supreme Court Just Divided Oklahoma’s Justice System in Half, began Trump-appointee Justice Neil Gorsuch. Under this federal law, children of American Indians descent are stripped of many numerous protections if they live on a reservation. The implications are immense, and only beginning to be understood. The case sprang from the conviction of Creek member Jimcy McGirt in an Oklahoma court of raping a 4-year-old child on land whose ownership was in dispute in the case. Oklahoma Attorney General Mike Hunter released a joint statement with the Muscogee (Creek), Cherokee, Chickasaw, Choctaw and Seminole Nations on Thursday, indicating that they “have made substantial progress toward an agreement to present to Congress and the U.S. Department of Justice addressing and resolving any significant jurisdictional issues.”. He served as Assistant Secretary of Indian Affairs from 2012-2016, and he’s a citizen of the Chickasaw Nation of Oklahoma. McGirt had argued in state courts that Oklahoma lacked the jurisdiction to review his case because the crime took place within the boundaries of the Creek Nation's historic territory. In his dissent, Roberts warned that "across this vast area" now deemed to be Native American land, "the State's ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out. The case before the court, McGirt v. Oklahoma, concerned Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma who was convicted of sex crimes against a child on Creek land. He was sentenced to 500 years each for the rape and molestation counts and to life without parole for the forcible sodomy charge. Donate to Native News Online today and support independent Indigenous journalism. The court’s ruling tosses McGirt’s state conviction and means he must be tried in federal court. PO Box 1210, Durant, OK 74702-1210 He called the court’s ruling “a great decision.”, “For Indian people, their land is really important and treaties are really important. Together, we’re NWPB. "We would fully expect that cooperation to continue," Kanji said. Civil court issues are also affected. For a century, it was assumed this process meant the end of the reservation. "For MCA purposes, land reserved for the Creek Nation since the 19th century remains 'Indian country,'" Gorsuch wrote in the opinion in McGirt's case. AD Oklahoma and the federal government contended that … "Because Congress has not said otherwise, we hold the government to its word," he wrote. So if a Native American is accused of a major crime in downtown Tulsa, the federal government rather than the state government will prosecute it. "My legal team has been following the case closely and is reviewing the decision carefully. Thanks for visiting www.nwpb.org. In fact, it probably doesn’t own very much of that land,” Washburn explains. McGirt, who was appealing a 2019 state appeals court decision, did not deny his guilt before the justices. ", "But, in seeking to defend the state court judgment below, Oklahoma has put aside whatever procedural defenses it might have and asked us to confirm that the land once given to the Creeks is no longer a reservation today.". This uncertainty was placed in the forefront of Chief Justice John Roberts’ dissent. The Nations and the State are committed to ensuring that Jimcy McGirt, Patrick Murphy, and all other offenders face justice for the crimes for which they are accused. The case before the court, McGirt v. Oklahoma, concerned Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma who was convicted of sex crimes against a child on Creek land. https://t.co/pJlaoPakFJ pic.twitter.com/mT84K1y4FX. 17–1107. He also noted that "the court itself has placed a lot of limitations on Indian tribes with respect to non-Indians" who live on tribal land. If the reservation was indeed operating, then the state had no right to sentence McGirt. The Supreme Court on Thursday ruled that a huge swath of Oklahoma is Native American land for certain purposes, siding with a Native American man who had challenged his rape conviction by state authorities in the territory. Of those people, 15% or fewer are Native Americans. Native News Online is an independent, Indigenous-led newsroom with a crucial mission: We want to change the narrative about Indian Country. The State, the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations have made substantial progress toward an agreement to present to Congress and the U.S. Department of Justice addressing and resolving any significant jurisdictional issues raised by the U.S. Supreme Court's decision in McGirt v. Oklahoma. We are here to help! He had appealed to the Supreme Court after state courts rejected his appeals. Your donation will help us keep producing quality journalism and elevating Indigenous voices. Gorsuch, who was appointed by President Donald Trump, sided with the four liberal justices on the court. What Is The End Of An Era? Despite breaking most of its promises to the Creek over the years, Congress never formally took away the reservation. 18-9526, and Sharp v. Murphy, No. Others, such as the dissenting justices, are less certain. We will continue our work, confident that we can accomplish more together than any of us could alone.