A big chunk of Oklahoma remains Indian Territory — at least as far as criminal jurisdiction runs.
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.
The 5-4 decision, with an opinion authored by Justice Neil Gorsuch, endorsed the claim of the Muscogee (Creek) Nation to the land, which encompasses 3 million acres in eastern Oklahoma, including most of the city of Tulsa.
The decision means that only federal authorities, no longer state prosecutors, can lodge charges against Native Americans who commit serious alleged crimes on that land, which is home to 1.8 million people. Of those people, 15% or fewer are Native Americans.
“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,” he wrote.
Gorsuch has consistently cleaved to this notion of “holding the government to its word” as regards cases involving native lands. Now, about the Black Hills…
J.F. Bell says
I’m of two minds on Indian Country.
One the one, setting aside pockets of the country not subject to the same federal laws seems a dangerous precedent – one nation, one law and all that. Insofar as this carves out special protections for some it’s cause for concern.
On the other…our present federal government is both inadequate to its task and reliably overbearing when it moves to exert authority. Were this the opening move in diminishing the power of the remote, disconnected, and unaccountable seat of governance in the interest of stronger regional representation, I’m all for it.
Be interesting to see how this all plays out.
lane batot says
Sounds sorta……familiar? Remember the Supreme Court ruling in favor of the Cherokee staying in their homeland in the Southeast, once upon a time? And then President Andrew Jackson’s comment(is history repeating itself?) “The Supreme Court has made it’s ruling. Now let them enforce it!” Or something like that, just before he forcibly shipped the Cherokee and all the other Indians on the infamous “Trail of Tears”. My guess, then like now, it ain’t gonna do much for the Indians…..
Cort Horner says
Been working on the border of the Pawnee and Sac and Fox Nations this week. This is pretty big news down this way. Beautiful country too – not what you may think of when you hear the term “Oklahoma” – rolling green hills, trees a’plenty, and the Cimarron River.
Sorry, just had to chime in. Ramble On Rose.
JimC says
Roll along, roll on
Rose of Cimarron.