Thursday, July 9, 2020

In other Supreme Court news today



Waaaa.



Also, not hardly.
What derailed the great summer opening Big restaurant chains are recovering faster than the rest of the industry, Bank… The Supreme Court ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation.

[...]

The court’s 5-4 decision, written by Justice Neil Gorsuch, means that Oklahoma prosecutors lack the authority to pursue criminal cases against American Indian defendants in parts of Oklahoma that include most of Tulsa, the second-largest city.

The court’s ruling casts doubt on hundreds of convictions won by local prosecutors. The case, argued by telephone in May because of the coronavirus pandemic, revolved around an appeal by an American Indian who claimed state courts had no authority to try him for a crime committed on reservation land that belongs to the Muscogee (Creek) Nation.

The reservation once encompassed 3 million acres (12,100 square kilometers), including most of Tulsa.

  Politico
The 5-to-4 decision, potentially one of the most consequential legal victories for Native Americans in decades, could have far-reaching implications for the people who live across what is now deemed “Indian Country” by the high court. The lands include much of Tulsa, Oklahoma’s second-biggest city.

The case was steeped in the United States government’s long history of brutal removals and broken treaties with Indigenous tribes, and grappled with whether lands of the Muscogee (Creek) Nation had remained a reservation after Oklahoma became a state.

Justice Neil M. Gorsuch, a Westerner who has sided with tribes in previous cases and joined the court’s more liberal members, said that Congress had granted the Creek a reservation, and that the United States needed to abide by its promises.

  NYT
No shit. And shame on the other conservative justices.
“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law,” Justice Gorsuch wrote. “Because Congress has not said otherwise, we hold the government to its word.”
Now do Donald Trump et al.
The [Muscogee] tribe said it would work with state and federal law enforcement authorities to coordinate public safety within the reservation.

[...]

In a statement, Mike Hunter, Oklahoma’s attorney general, said the state and the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations were working on an agreement to present to Congress and the U.S. Department of Justice addressing jurisdictional issues raised by the decision. “We will continue our work, confident that we can accomplish more together than any of us could alone,’’ he said.

[...]

Chief Justice John G. Roberts warned in a dissenting opinion that the Court had sown confusion in the state’s criminal justice system and “profoundly destabilized” the state’s powers in eastern Oklahoma.
The state shouldn't have any power on Indian land.
“The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law.”
Good.

...but hey, do what you want...you will anyway.

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