User:Michilds382/Former Indian reservations in Oklahoma

Recent recognition of Native reservations
In 2017, the case of Murphy v. Royal helped lead to a turning point in Native American rights. This would cause a domino effect of recognition of Native American reservations starting with the case of McGirt v. Oklahoma.

The Case of McGirt v. Oklahoma
After Murphy v. Royal, an Oklahoman criminal and Seminole Native American by the name of Jimcy McGirt decided to appeal his case. McGirt was previously charged with multiple sexual assault charges back in 1997. This was for sodomizing, molesting, and raping the 4 year-old granddaughter of his wife at the time. These charges resulted in an over 1,000 year long sentence. With the ruling of Murphy v. Royal stating that reservations had not been disestablished, McGirt petitioned his ruling for appeal under the argument that the state did not have the jurisdiction to prosecute him, only the tribe where the crime was committed. His petition was dismissed by Alfalfa County District Court. McGirt then filed a petition with the Oklahoma Supreme Court. They then sent that petition to the Oklahoma Court of Criminal Appeals (OCCA). The OCCA then also dismissed his petition. Eventually, after many other failed attempts to get his case heard, the Supreme Court agreed to hear his case in July of 2020.

Majority Opinion
The Supreme Court ruled 5-4 in favor of McGirt's argument that jurisdiction lie with the Muscogee (Creek) Nation and not the state of Oklahoma. Justice Neil Gorsuch wrote the majority opinion:

"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."

Justice Gorsuch elaborates on the US Government taking accountability. For a little over a century, the government had been treating the tribes as though the reservations were no longer existent when that was just not the case.

Minority Opinion
However, not everyone shared the same ideals as Justice Neil Gorsuch. Chief Justice John Roberts wrote the dissenting opinion and was joined in his perspective by three other justices: Samuel Alito, Brett Kavanaugh, and Clarence Thomas. Chief Justice Roberts wrote that the majority opinion "creates significant uncertainty for the State's continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law." He also discussed how the Dawes Commission was made the way it was in order to eventually get rid of reservations. This did not end up happening due to the perseverance of the Creek who refused to give up their land after the Dawes Commission was put in place.

Results
This case was a landmark in the realm of Native American rights and power. Due to the win in the case by McGirt, this decision would go on to affect future Native reservations and their recognition.

McGirt's Retrial
McGirt was relieved of his charges and to be retried in a federal court by the Muscogee judiciary. The case was originally scheduled for October 6th, 2020. During the time after his Supreme Court hearing leading up to his federal retrial, McGirt was to be kept in jail as directed by a judge who had decided on the matter. However, even though the case was scheduled for October 6th, it did not happen until November 5th. The victim of McGirt's crimes, the granddaughter of his then wife, came to trial to give her testimonies. Now 24 years later, she tried to recall the events from her childhood to the best of her ability. She did mention having difficulty remembering specifics due to her having been so young at the time of the crimes. However, she did remember pieces that she presented before the jury. The case was decided after three days of testimonies: McGirt was once again found guilty of sexually abusing his wife's granddaughter.

Effect on Native Lands
This case led to the recognition of the Muscogee (Creek) Nation. However, with the implication of reservations not being disestablished as previously thought being applied to other instances like McGirt's, more Native American land has come to be recognized. Among this land is predominantly the "Five Civilized Tribes" who now are federally recognized Native American nations.

"Five Civilized Tribes" Land

 * Muscogee (Creek) Nation: This is the largest of the federally recognized Muscogee tribes. They are headquartered in Okmulgee, Oklahoma. Their jurisdiction is in Creek, Hughes, Okfuskee, Okmulgee, McIntosh, Muskogee, Tulsa, and Wagoner counties. The Muscogee are a unified nation of multiple tribes.
 * Cherokee Nation: This nation is federally recognized. They are considered sovereign land.
 * Choctaw Nation of Oklahoma: Their tribal jurisdiction consists of eight Oklahoman counties among 12 tribal districts. Their headquarters are in Durant, Oklahoma. They function with their own government with Judicial, Legislative, and Executive branches.
 * Chickasaw Nation: This is also a three-branched self-governed native nation. Their jurisdiction takes up Byran, Carter, Coal, Garvin, Grady, Jefferson, Johnston, Love, McClain, Marshall, Murray, Pontotoc, and Stephens counties.
 * Seminole Nation of Oklahoma: This nation is predominantly in Oklahoma and made up of three tribes. Their tribal complex can be found in Wewoka, Oklahoma.