Published 12:07 IST, July 10th 2020
US Supreme Court rules half of Oklahoma is within a Native American reservation
US Supreme Court ruled that half of the land in Oklahoma is within a Native American reservation, a decision that is expected to have major consequences.
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The United States Supreme Court on July 9 ruled that half of the land in Oklahoma is within a Native American reservation, a decision that is expected to have major consequences for both past and future criminal and civil cases. According to an international media outlet, the justices decided that an eastern chunk of the state, including its second-biggest city, Tulsa, would be recognised as part of a reservation. 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 landmark ruling will have significant legal implications for eastern Oklahoma. The decision by the Supreme Court also means that some tribe members found guilty in state courts for offences committed on the land at issue can now challenge their convictions. The new ruling gives power to federal prosecutors as only the can criminally prosecute Native Americans accused of crimes in the area.
The Muscogee (Creek) Nation cheered the court’s decision and the tribe in a statement said, “The Supreme Court today kept the United States’ sacred promise to the Muscogee (Creek) Nation of a protected reservation. Today’s decision will allow the Nation to honour our ancestors by maintaining our established sovereignty and territorial boundaries”.
McGrit’s prison sentence overturned
While the tribe celebrated the new ruling, chief justice John Roberts, who dissented the ruling, reportedly said that the decision will undermine numerous convictions obtained by the State, as well as the State’s ability to prosecute serious crimes committed in the future. He also added that the ruling may destabilise the government of vast swathes of Oklahoma as well.
Meanwhile, Justice Neil Gorsuch, a conservative appointed the US President Donald Trump, sided with the court and reportedly said that the US government had earlier said that the new land would belong to the tribes in perpetuity. Gorsuch added that the government will hold its word.
The case before the court concerned Jimcy McGrit, who is an enrolled member of the Seminole Nation of Oklahoma. McGrit was convicted of sex crimes against a child on Creek land back in 1997. In the post-conviction proceeding, McGrit reportedly argued that the state lacks jurisdiction in the case and that he must be retried in federal court. The recent decision by the Supreme Court overturned McGrit’s prison sentence, however, he could still be tried in federal court.
(Image: AP)
12:07 IST, July 10th 2020