WASHINGTON, D.C. (NBC) – The Supreme Court ruled Thursday that much of eastern Oklahoma is Native American land for purposes of federal criminal law. It was a 5 to 4 opinion.
Justice Neil Gorsuch sided with the liberals on the bench, writing: “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.”
The question before the court involved a case brought by Jimcy McGirt, a member of Seminole Nation of Oklahoma. He argued that his case ought to be tried by the federal government because the crimes were committed on the land of historic Muscogee Nation which is why the distinction of whether the large swath of eastern Oklahoma qualified as reservation land was key.
Under law, crimes involving Native Americans on a reservation are under federal, not state, jurisdiction.
The state had argued the decision could call into question thousands of state prosecutions for serious crimes.
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