The U.S. Supreme Court is set to hear arguments Monday in a case that could determine whether the Five Tribes still have reservations on the eastern Oklahoma land to which they were forcibly relocated in the 19th century.
A decision in the case, expected this summer, could have major implications for criminal and civil law and state and local regulations in nearly half of Oklahoma. Should the high court rule that the tribal reservations still exist, Congress may have to sort out the myriad issues certain to emerge.
The oral arguments will be made before the justices by telephone, a historic concession to the pandemic. The public can listen to the arguments, which begin at 9 a.m. and are available on various media platforms, including C-SPAN.
During the arguments, an attorney for child rapist Jimcy McGirt is expected to tell the court that McGirt should have been tried in federal — rather than Oklahoma — court because he is Native American and the crime was committed on the Creek reservation and was therefore out of the state’s jurisdiction.
The Oklahoma attorney general’s office will argue that the Muscogee (Creek) reservation — if one even existed — was disestablished by Congress before statehood in 1907 and that McGirt was properly tried in state court. The Trump administration, which is siding with Oklahoma, is expected to urge justices not to redraw the well-established boundaries of government jurisdiction.
The court is taking its second crack at reaching a decision about the Creek reservation after apparently deadlocking last year on an almost identical case involving Oklahoma death row inmate Patrick Murphy.
Justice Neil Gorsuch recused himself in the Murphy case because he had served on the lower court that ruled on it; Gorsuch is participating in the current case, giving the court nine justices to reach a decision.
The new case, as the previous one, focuses on the Muscogee (Creek) Nation’s historical land and whether it is currently an Indian reservation. But the Supreme Court’s decision is expected to apply to the Cherokee, Chickasaw, Choctaw and Seminole nations. Their historical lands cover most of eastern Oklahoma.
"hear" - Google News
May 10, 2020 at 05:00PM
https://ift.tt/2yGIuMw
U.S. Supreme Court to hear arguments in case that could redefine eastern Oklahoma - Oklahoman.com
"hear" - Google News
https://ift.tt/2KTiH6k
https://ift.tt/2Wh3f9n
Bagikan Berita Ini
0 Response to "U.S. Supreme Court to hear arguments in case that could redefine eastern Oklahoma - Oklahoman.com"
Post a Comment