Sharp v. Murphy facts for kids
Quick facts for kids Sharp v. Murphy |
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| Argued November 27, 2018 Decided July 9, 2020 |
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| Full case name | Tommy Sharp, Interim Warden Oklahoma State Penitentiary, Petitioner v. Patrick Dwayne Murphy |
| Docket nos. | 17-1107 |
| Citations | 591 U.S. ___ (more)
140 S. Ct. 2412
207 L. Ed. 2d 1043 |
| Prior history |
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| Argument | Oral argument |
| Holding | |
| For Major Crimes Act purposes, land reserved for the Creek Nation since the 19th century remains "Indian country". | |
| Court membership | |
| Case opinions | |
| Per curiam. | |
| Dissent | Thomas (did not file or join an opinion) |
| Dissent | Alito (did not file or join an opinion) |
| Gorsuch took no part in the consideration or decision of the case. | |
| Laws applied | |
| Major Crimes Act 18 U.S.C. § 1151 |
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Sharp v. Murphy, 591 U.S. ___ (2020), was an important case decided by the Supreme Court of the United States. The main question was whether the Muscogee (Creek) Nation reservation still existed as "Indian country" for legal reasons. The Court decided on July 9, 2020, that the reservation was never officially ended. This means it remains Native American country under the Major Crimes Act. This decision followed another similar case called McGirt v. Oklahoma.
Contents
Understanding Native American Reservations
How Reservations Were Formed
In 1866, the United States Congress set up boundaries for several Native American Nations. These included the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations. The Muscogee (Creek) Nation's land covered about three million acres in Eastern Oklahoma. This area includes a large part of the city of Tulsa.
All five nations together had over 19 million acres. This covered almost the entire eastern half of Oklahoma. These lands were set aside as reservations, meaning they were special areas for Native American tribes.
Oklahoma Becomes a State
In 1907, Oklahoma became the 46th state in the United States. When this happened, federal courts that handled cases involving Native Americans transferred these cases to state courts. However, Congress never officially ended the tribal reservations. For a reservation to lose its status, Congress must clearly state it. This rule comes from an earlier Supreme Court case, Solem v. Bartlett (1984).
The Case of Sharp v. Murphy
Why the Case Started
The Sharp v. Murphy case began with an appeal from Patrick Murphy. He is a member of the Muscogee-Creek tribe. A legal event involving him happened within the boundaries of the Muscogee-Creek reservation. This reservation was set up by Congress in 1866.
The appeal questioned whether the federal courts had the power to transfer cases to state courts. If the land was still a tribal reservation, then federal law would apply to Murphy's case, not Oklahoma state law. This is about who has the legal authority, or "jurisdiction," over the land.
Why This Case Matters to Other Tribes
Even though this case was specifically about the Muscogee (Creek) Nation, the Supreme Court's decision affects other tribes too. The Cherokee, Choctaw, Chickasaw, and Seminole Nations have similar histories in Oklahoma. Because of this, the Court's ruling likely applies to their reservations as well.
The Supreme Court's Decision Process
First Hearing and Delay
The Supreme Court first heard the Sharp v. Murphy case in 2018. Justice Neil Gorsuch did not take part in the case. This is because he had worked on the case when it was in lower courts. This situation could have led to a tie vote among the remaining eight Justices.
At the end of the 2018 term, the Supreme Court announced it would hear the case again. They held more arguments in 2019.
Connecting to McGirt v. Oklahoma
The Court also heard a second case, McGirt v. Oklahoma, in May 2020. This case involved very similar issues. Justice Gorsuch was able to participate in the McGirt case. The decision in McGirt helped guide the final ruling in Sharp v. Murphy.
Impact of the Rulings
The decisions in Sharp and McGirt have greatly affected Oklahoma. Especially regarding legal cases from the past. The Oklahoma Court of Criminal Appeals has stated that many legal matters involving Native Americans on tribal lands are not under state authority. This includes situations where a non-Native person was involved with a Native person.
Oklahoma state officials have said this makes law enforcement difficult. They argue they need to protect Native citizens. As of September 2021, the state has asked the Supreme Court to review parts of the McGirt decision.
