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Yo_Mama_Been_Loggin

(115,458 posts)
Sat Apr 9, 2022, 01:56 PM Apr 2022

Oklahoma state officials resist Supreme Court ruling affirming tribal authority over American Indian

It’s unusual for someone to ask the U.S. Supreme Court to revisit one of its decisions. It’s very rare for that to happen almost immediately after the ruling was issued. But in the two years since the court’s ruling in a key case about Native American rights, the state of Oklahoma has made that request more than 40 times.

State officials have also repeatedly refused to cooperate with tribal leaders to comply with the ruling, issued in 2020 and known as McGirt v. Oklahoma. Local governments, however, continue to cooperate with the tribes and show how the ruling could actually help build connections between the tribal governments and their neighbors.

In the McGirt ruling, the Supreme Court held that much of eastern Oklahoma is Indian country under the terms of an 1833 treaty between the U.S. government and the Muscogee Creek Nation. Based on that treaty and an 1885 federal law, the ruling effectively means that the state of Oklahoma cannot prosecute crimes committed by or against American Indians there. Federal and tribal officials are the only ones who can pursue these cases.

Since that ruling, federal courts have held that the lands in Oklahoma of five additional tribes – the Cherokee Nation, the Choctaw Nation, the Seminole Nation, the Chickasaw Nation and the Quapaw Nation – also remain American Indian country and are subject to federal and tribal jurisdiction under the 1885 federal law. Under these decisions, about 43% of Oklahoma is Indian country.

https://www.yahoo.com/news/oklahoma-state-officials-resist-supreme-123253115.html

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Oklahoma state officials resist Supreme Court ruling affirming tribal authority over American Indian (Original Post) Yo_Mama_Been_Loggin Apr 2022 OP
This must be freaking out the christofascists. The authoritarians losing their authority... Thomas Hurt Apr 2022 #1
Does Indian Country have anti-abortion laws? Desert grandma Apr 2022 #2
I am a a retired Native nurse in OK. Runningdawg Apr 2022 #3
Are there national implications? bello Apr 2022 #4
This would be an interesting approach. Desert grandma Apr 2022 #5

Thomas Hurt

(13,925 posts)
1. This must be freaking out the christofascists. The authoritarians losing their authority...
Sat Apr 9, 2022, 02:03 PM
Apr 2022

over minorities. Their little paranoid minds be must popping.

Desert grandma

(1,053 posts)
2. Does Indian Country have anti-abortion laws?
Sat Apr 9, 2022, 03:30 PM
Apr 2022

If not, Oklahoma would be unable to enforce it's ridiculous abortion law against any member of any of those tribal nations, right? The tribal nations are considered sovereign as I understand it.

Runningdawg

(4,618 posts)
3. I am a a retired Native nurse in OK.
Sat Apr 9, 2022, 05:23 PM
Apr 2022

Lot's of debate on the issue, few answers. It's the same with gun laws.

bello

(133 posts)
4. Are there national implications?
Sat Apr 9, 2022, 10:53 PM
Apr 2022

IANAL, but this sounds suspiciously close to the logic that allowed tribes to set up casinos all over the place. Ya’ gotta admit that the Wampanoag Casino and Women’s Health Center has a nice ring to it. The ole’ unintended consequences will gitcha’ every time.

Desert grandma

(1,053 posts)
5. This would be an interesting approach.
Sun Apr 10, 2022, 11:53 AM
Apr 2022
https://en.wikipedia.org/wiki/List_of_Indian_reservations_in_the_United_States

So many states contain Native American Reservations, including some in Republican states. It would be a novel approach to getting around these ridiculous bans. As I understand it, only federal and tribal laws apply to tribal members and crimes committed on their land. With that interpretation, states can pass whatever laws they want, they will only apply on sovereign Indian Nations if it is a law passed by the tribe itself or by federal law. If Roe falls, everything I read says that "women's health" decisions will be decided by the state, therefore not necessarily applicable to Indian Nations.
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