Posted on 07/11/2020 8:47:40 PM PDT by Tolerance Sucks Rocks
The Supreme Court issued one of the most consequential decisions of its term on its last day Thursday.
No, it wasn’t either of the decisions about President Donald Trump’s tax returns. Instead, it involved a case that received little attention at the time it was argued.
But how often can court watchers say that a case stripped a state of its sovereign power to prosecute crimes committed by certain individuals in nearly half of the territory it purportedly controls?
Not often—if ever—before Thursday.
But that’s exactly what the court did in a 5-4 opinion in McGirt v. Oklahoma that Justice Neil Gorsuch wrote, which Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined.
So, what happened?
Chief Justice John Roberts, joined by Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh, dissented from the decision and summarized it this way:
(Excerpt) Read more at dailysignal.com ...
PING!
So, what happens now?
Is there a map?
I run through Oklahoma regularly and those tribal police will really scalp ya.
Finally, Elizabeth Warren can return to her homeland.
Don’t get too excted.
Property right are unaffected.
But life just got a whole lot more complicated for local and state law enforcement in Oklahoma.
Indians account for about 15% of the population. Their arrests will need to made citing Federal statutes and then prosecuted in the Federal Courts.
Bottom line: Job openings for Federal prosecutors and judiciary (plus support staff) in the Sooner State.
Theoretically, that means that any criminal or civil conviction in the State of Oklahoma, not tried in Federal court
now becomes "moot", and subject to re-trial ?
What more could you ask for!.../smh
After this ruling, there have been several articles written about Judge Gorsuch’s previous judicial rulings regarding Indian Tribes. It seems that Judge Gorsuch has a predisposition to rule in favor of Indian Tribal rights over American state and federal law.
Gorsuch was very highly ranked by conservative think tanks from which President Trumps judicial list was generated. Including, The Heritage Foundation, among others.
Hopefully,they’ll get the white people off my land.
You can see Oklahoma on the left and Indian Territory on the right in the map link above.
Just one part of the “fun”.
Other part is that Indians can violate state and local laws/ordinances (not otherwise covered in the Federal code) at will.
For example: They can ignore the Governor’s mask order (if she/he has issued one) with total impunity.
Oh, the horror! /s
Maybe just closing your eyes and making an x with a pen on a page of conservative potential supreme Court justices will work better
That’s pretty much what I figured. As explained in the SCOTUS Blog post, Gorsuch’s opinion actually appears to me to be sound. His liberal co-horts — well — I cannot imagine what their scribblings were to justify their concurring opinions.
Gorsuch certainly did much better with this one than with what I call his “Gaysuch” ruling expanding the Civil Rights Act to cover LGBT employees.
I suppose there could be complications with property tax payments and other local issues when dealing with Creek Indians and the descendants of the Trail of Tears folks. Thanks to the parceling of land, with most of it now in the hands of non-Indians, rather than a communal existence deal with this reservation, Oklahoma is NOT going to turn into a place where I-40 and I-44 get shut down on a regular basis, like the NY Thruway does by the Senecas when some dispute affects their actual full-on, landed reservation. At least I don’t think so.
Well, it could for actual registered Indians in the eastern half of the state.
I’m not sure how this will apply to people with Indian blood who are not registered members of a tribe.
>Property right are unaffected.
If Indian squatters take up residence on your property who will remove them?
Yee Haw! State game laws no longer apply. I’ve a cousin that considers deer hunting getting on his roof with a six pack. He’ll be having backstrap and eggs for breakfast year round.
Should have taken our own scalps.
That could get dicey.
I’m not a lawyer but you’d better get a d@mned good one!
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