Tulsa No Longer A Part of Oklahoma

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lurk

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The Supreme Court ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.

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 state's second-largest city.


“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. ... Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word,” Gorsuch wrote in a decision joined by the court's liberal members.
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The case the justices decided Thursday involved 71-year-old Jimcy McGirt, who is serving a 500-year prison sentence for molesting a child. Oklahoma state courts rejected his argument that his case does not belong in Oklahoma state courts and that federal prosecutors should instead handle his case.

McGirt could potentially be retried in federal court, as could Patrick Murphy, who was convicted of killing a fellow tribe member in 1999 and sentenced to death. But Murphy would not face the death penalty in federal court for a crime in which prosecutors said he mutilated the victim and left him to bleed to death on the side of a country road about 80 miles (130 kilometers) southeast of Tulsa.


Following the ruling, the state of Oklahoma issued a joint statement with the Muscogee (Creek), Cherokee, Chickasaw, Choctaw and Seminole nations in which they vowed to work together on an agreement to address any unresolved jurisdictional issues raised by the decision.

“The Nations and the State are committed to ensuring that Jimcy McGirt, Patrick Murphy, and all other offenders face justice for the crimes for which they are accused," the statement read. “We have a shared commitment to maintaining public safety and long-term economic prosperity for the Nations and Oklahoma.”
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we democracy now!

my opinion; anyone that's lived around tribes for a while realize that the Nations' laws are applied even more subjectively than American law.
 
SK2.0 said:
If I read correctly this is just about jurisdiction, and only about indians.

Nothing to do with who owns what...
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Indian jurisdiction takes priority over US law on Indian land. If you are on an Indian land US law does not apply there's a really weird hybrid of enforcement. There are no border cops per say, but if you are fucking around and pissing people off on Indian land, you're totally fucked.
 
Likeicare said:
Cant wait for Drumpf to start smearing gorsuch on twitter
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He's already said something like wanting to change the SCOTUS.
it's like the entire country is just not doing what Trump says because it's Trump no matter if it's good or not for the country. It's fucking bizarre. Oh well looks like I'm gonna buy more guns and ammo.
 
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