Supreme Court rules that much of Eastern Oklahoma is Native American territory

In the case,McGirt vs. Oklahoma, the Court was tasked with resolving whether the state of Oklahoma has the standing to prosecute crimes that take place on lands Congress designated to be "Indian Country."
Under the parameters of the Major Crimes Act, only tribal authorities and the federal government not state-level authorities can prosecute crimes committed on Native American reservations.
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The US Supreme Court ruled in a 5-4 decision on Thursday that a large portion of Eastern Oklahoma must be considered Native American tribal territory under the Major Crimes Act, meaning all criminal cases in that jurisdiction must be prosecuted by federal authorities.

Justice Neil Gorsuch wrote the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh, Samuel Alito, and Clarence Thomas dissenting.

In the case,McGirt vs. Oklahoma, the Court was tasked with resolving whether the state of Oklahoma has the standing to prosecute crimes that take place on lands Congress had previously designated to be "Indian Country."

In 1866, the US Congress enacted a law establishing a large portion of Eastern Oklahoma as Native American territory belonging to the Cherokee, Muscogee, or Creek, Chickasaw, Choctaw, and Seminole tribes.

The plaintiff in the case, Jimmy McGirt, is a member of the Seminole Nation who was convicted under Oklahoma state law of sexual offenses against a minor in 1996, crimes committee on Creek Nation territory. He challenged his conviction in court as being invalid under the Major Crimes Act.

Under the Act, only the federal government and tribal authorities, not individual states, can prosecute crimes committed by Native Americans on federally-designated Native American reservations and land.

His attorneys argued in court that since Congress did not formally disestablish the reservation that Congress established, the state of Oklahoma does not have jurisdiction to prosecute or try McGirt under state law, and McGirt must be retried in federal court.

"The federal government promised the Creek a reservation in perpetuity. Over time, Congress has diminished that reservation. It has sometimes restricted and other times expanded the Tribe's authority. But Congress has never withdrawn the promised reservation," Gorsuch wrote in his opinion. "If Congress wishes to withdraw its promises, it must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law."

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