© 2024 KOSU
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Supreme Court Case Could Remake Notion of Tribal Sovereignty

Muscogee (Creek) Nation
The Muscogee (Creek) people are descendants of a culture that, before 1500 AD, spanned all the region known today as the Southeastern United States.

Oklahoma state attorneys warned of an ominous legal decision that could upend the jurisprudence around Native sovereignty in the United States.

“Oklahoma stands on the brink of the most radical jurisdictional shift since statehood,” state attorneys wrote in a Supreme Court brief filed last month. This week, the highest court agreed to hear the case in question, "Royal v. Murphy."

It revolves around a murder committed in 1999 by Patrick Murphy, a member of the Muscogee (Creek) Nation. Murphy's lawyers argue that the state of Oklahoma did not have the authority to try their client in this case because the murder took place on land that historically was considered the Muscogee (Creek) Nation's territory. Precedent stemming from the case could dramatically impact the authority of state law enforcement within almost half of Oklahoma.

Last year, the 10th Circuit Court of Appeals ruled that Congress never disestablished the Muscogee (Creek) Nation Reservation, which was created by treaty in 1866, and therefore the state of Oklahoma did not have jurisdiction in the Patrick Murphy case. If the Supreme Court upholds that decision, it will have major implications beyond Murphy, since the reservation would account for nearly half of the land in Oklahoma. Questions about whether the tribal nation could collect sales and property taxes, as well as how law enforcement would be affected are now up for debate as the Supreme Court considers its decision.

Jessica McBride, managing editor at Mvskoke Media, joins The Takeaway to break down the case and its various ramifications.

KOSU is nonprofit and independent. We rely on readers like you to support the local, national, and international coverage on this website. Your support makes this news available to everyone.

Give today. A monthly donation of $5 makes a real difference.
Related Content