The Supreme Court held that nearly half of Oklahoma should be considered Native American territory, meaning that any Native American resident on Native American land cannot be tried under state criminal court, and must be tried federally.
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His argument relies upon the Major Crimes Act, which gives federal authorities – not state courts – jurisdiction over crimes involving a Native American on Native American land. The major dispute was whether McGirt’s crimes were committed on a reservation – the majority of the court ruled that they did. According to an 1866 treaty, the land on which McGirt committed his crime was given to Native Americans and was described as a reservation.
In his dissenting opinion, Chief Justice John Roberts argued that the reservation land was “disestablished.” Tribal leaders insist that the decision will be less destabilizing than critics have feared. They note that the ruling does not change land ownership in eastern Oklahoma. Creek Nation officials are working with state and federal officials to design a public safety and regulatory agreement between the separate governments to maintain the area.Gorsuch wrote that under the Constitution, states have no authority to reduce reservations within their borders – that can only be done by Congress.
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