In July 2020, the Supreme Court ruled that, because Congress never disestablished the Muscogee Nation’s reservation, the state of Oklahoma does not have the authority to prosecute crimes committed within the tribe’s land boundaries, if those crimes involve Native Americans. The decision has since been extended to other tribes located within Oklahoma.
But even though it’s been a year and a half since McGirt v. Oklahoma was decided, the state of Oklahoma has remained intent on overturning the ruling, rather than collaborating with the tribes on criminal justice. State officials have filed 45 petitions with the Supreme Court asking the justices to either overturn or rule more narrowly on McGirt. This month, the Court has been considering some of those petitions.
The Takeaway speaks with Allison Herrera, Indigenous Affairs reporter for KOSU, about the most recent developments.
