The Supreme Court has ruled that about half of the land in Oklahoma is within an Indian reservation — a decision that will have major consequences for both past and future criminal and civil cases.
The Supreme Court ruled Thursday that about half of the land in Oklahoma is within an Indian reservation as stated in treaties.Brendan Smialowski/AFP via Getty Images
The decision was 5-4, with Justices Gorsuch, Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer in the majority, while Justices John Roberts, Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented. In a dissenting opinion, Roberts, the chief justice, wrote that the decision"will undermine numerous convictions obtained by the State, as well as the State's ability to prosecute serious crimes committed in the future," and"may destabilize the governance of vast swathes of Oklahoma.
"Now and then there's a great case that helps you keep the faith about the rule of law," he says."And this is one of those." Then there's the issue of past decisions — many of them are now considered wrongful convictions because the state lacked jurisdiction. A number of criminal defendants who have been convicted in the past will now have a grounds to challenge their conviction, arguing that the state never had jurisdiction to try them., concerned Jimcy McGirt, an enrolled member of the Seminole Nation of Oklahoma who was convicted of sex crimes against a child on Creek land.
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