McGirt v. Oklahoma facts for kids
Quick facts for kids McGirt v. Oklahoma |
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| Argued May 11, 2020 Decided July 9, 2020 |
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| Full case name | Jimcy McGirt, Petitioner, v. Oklahoma |
| Docket nos. | 18-9526 |
| Citations | 591 U.S. ___ (more)
140 S. Ct. 2452
207 L. Ed. 2d 985 |
| Prior history | Denial for relief, PC-2018-1057 (Okla. Crim. App. Feb. 25) (2019); Cert. granted, 140 S. Ct. 659 (2019) |
| Holding | |
| For Major Crimes Act purposes, land reserved for the Creek Nation since the 19th century remains "Indian country." | |
| Court membership | |
| Case opinions | |
| Majority | Gorsuch, joined by Ginsburg, Breyer, Sotomayor, Kagan |
| Dissent | Roberts, joined by Alito, Kavanaugh; Thomas (except footnote 9) |
| Dissent | Thomas |
| Laws applied | |
| Oklahoma Enabling Act Major Crimes Act |
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McGirt v. Oklahoma was a very important case decided by the U.S. Supreme Court in 2020. The Court ruled that a large part of eastern Oklahoma is still considered Native American land. This land belonged to the Five Civilized Tribes (Cherokee, Choctaw, Chickasaw, Muscogee, and Seminole) and was never officially taken away by the U.S. Congress.
Because of this ruling, serious crimes committed by Native Americans on these lands are handled by tribal courts and federal courts. They are not handled by Oklahoma's state courts. This decision changed how justice works in a big part of Oklahoma.
The McGirt case was connected to another case called Sharp v. Murphy. Both cases asked the same question about land ownership. Sharp v. Murphy was decided at the same time as McGirt. Later, in 2022, the Supreme Court made another ruling in Oklahoma v. Castro-Huerta. This ruling said that both federal and state courts can handle crimes committed by non-Native Americans on tribal lands.
Contents
Understanding the Background
Native American Lands in Oklahoma
Before Oklahoma became a state in 1907, about half of its land was home to the Five Civilized Tribes. These tribes included the Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations. They were called "Civilized" because they adopted some American customs.
In the 1800s, there were many conflicts between Native Americans and the United States. The U.S. government forced many Native Americans to move from their homes in the Eastern U.S. This forced journey was known as the Trail of Tears. It led to the creation of reservations in Oklahoma.
The Oklahoma Enabling Act
In 1906, the U.S. Congress passed the Oklahoma Enabling Act. This law was meant to prepare Oklahoma for statehood. Many people believed it also ended the Native American reservations. However, the law did not clearly state that the reservations were "disestablished" (officially ended).
After this act, the lands of the Five Civilized Tribes were divided. Each tribe gained governing rights over internal matters for Native Americans within their areas. But for other matters, like law enforcement for non-Native Americans, the state of Oklahoma took control.
The Sharp v. Murphy Case
The McGirt case built on an earlier case, Sharp v. Murphy. Patrick Murphy, a member of the Muscogee-Creek Nation, was accused of murder in Oklahoma. He argued that his crime happened on Muscogee reservation land. He believed that because the reservation was never officially ended, his case should be handled by federal courts, not state courts. This is because of a law called the Major Crimes Act.
At first, state courts disagreed with Murphy. But a federal appeals court, the Tenth Circuit, sided with him. They said the Oklahoma Enabling Act did not clearly end the reservations. Justice Neil Gorsuch was a judge on this court at the time. When the case went to the Supreme Court, Justice Gorsuch did not take part because he had worked on the case before. This meant only eight out of nine Justices heard the case, and it remained undecided for a while.
The McGirt Case
Jimcy McGirt's Story
Jimcy McGirt was a member of the Seminole tribe. In 1991, he was accused of serious crimes against a young family member in Broken Arrow, Oklahoma. He was found guilty by Oklahoma state courts in 1997 and sentenced to prison.
After the Sharp case started making its way through the courts, McGirt argued that his crimes also happened on Native American land. He said that because the reservations were never officially ended, Oklahoma state courts did not have the right to try his case. He believed his case should have been handled by federal courts. His requests to the state courts were denied, so he asked the Supreme Court to review his case.
Supreme Court Hearing
The Supreme Court heard arguments for the McGirt case on May 11, 2020. This was during the COVID-19 pandemic, so the arguments were held by teleconference for the first time.
Lawyers for Oklahoma argued that recognizing the reservations would cause many problems. They worried about thousands of past convictions and how future crimes would be handled. They also worried about how it would affect businesses and other legal matters. Justice Gorsuch seemed to question Oklahoma's arguments. Justice Sonia Sotomayor pointed out that if the Court ruled in favor of McGirt, Congress could easily pass a new law to fix the situation.
The Court's Decision
The Supreme Court announced its decision on July 9, 2020. The Court ruled 5-4 in favor of McGirt. Justice Neil Gorsuch wrote the main opinion. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan agreed with him.
The Court decided that Congress had not officially ended the Native American reservations. Therefore, for serious crimes, these lands should still be treated as "Indian country." Justice Gorsuch wrote that the government must keep its promises. The Court also issued a similar ruling for the Sharp case at the same time.
The Dissenting Opinion
Chief Justice John Roberts wrote a dissenting opinion, meaning he disagreed with the majority. Justices Samuel Alito and Brett Kavanaugh joined him, as did Justice Clarence Thomas in part.
Chief Justice Roberts argued that the decision would make it harder for Oklahoma to prosecute serious crimes. He also worried that many past convictions could be overturned. He felt the ruling would make the government of eastern Oklahoma unstable.
What Happened Next for McGirt
The Supreme Court's decision meant that McGirt's state conviction was overturned. His case had to be retried in a federal court. This retrial happened in November 2020. After several days of testimony, McGirt was found guilty again of the crimes.
Impact of the Decision
A Win for Native American Rights
The Supreme Court's decision in McGirt v. Oklahoma was a big victory for Native American rights. Justice Gorsuch's opinion recognized that many promises made by Congress to Native Americans had not been kept. He rejected the idea that promises could be broken just because keeping them became difficult.
Changes for Law Enforcement
This decision directly affects Native Americans who are accused of serious crimes on these lands. Their cases are now handled by federal courts, not state courts. At the time of the ruling, about 1,900 prisoners in Oklahoma's system met these conditions. However, only a small number qualified for new hearings because of legal time limits.
The ruling also meant that the FBI's (a federal law enforcement agency) power expanded in Oklahoma. Their area of responsibility grew by almost 45% of the state's land.
Future Considerations
The Court's decision focused mainly on criminal law. However, it left open questions about other areas, like taxes, adoption, and environmental rules. Chief Justice Roberts had warned that these areas could also be affected.
Lawyers for the tribes said the decision was narrow. They argued it only affected how Native Americans were prosecuted for crimes and did not change land ownership. After the decision, Oklahoma and the five tribes released a joint statement. They said they would work together to create a system where both state and tribal governments share power. This would help keep people safe, support the economy, and protect property rights.
Aftermath and Recognition
Recognized "Five Civilized Tribes" Reservations
Since the McGirt case, the reservations of the Five Civilized Tribes have been officially recognized again for legal purposes:
- Muscogee (Creek) Nation: This is the largest Muscogee tribe. Their main office is in Okmulgee, Oklahoma. Their land covers parts of Creek, Hughes, Okfuskee, Okmulgee, McIntosh, Muskogee, Tulsa, and Wagoner counties.
- Cherokee Nation: This nation is also officially recognized and has sovereign land.
- Choctaw Nation of Oklahoma: Their land includes 10 and a half counties in Oklahoma, divided into 12 tribal districts. Their headquarters are in Durant, Oklahoma. They have their own government with Judicial, Legislative, and Executive branches.
- Chickasaw Nation: This nation also has a self-governing system with three branches. Their land covers parts of Byran, Carter, Coal, Garvin, Grady, Jefferson, Johnston, Love, McClain, Marshall, Murray, Pontotoc, and Stephens counties.
- Seminole Nation of Oklahoma: This nation is mostly in Oklahoma and is made up of three tribes. Their main tribal center is in Wewoka, Oklahoma.
Other Tribes Recognized
- Quapaw Nation: This nation is located in parts of Ottawa County, Oklahoma in Northeast Oklahoma. Their main office is in Quapaw, Oklahoma.
