SCOTUS Rules Against Oklahoma In McGirt Case

The Supreme Court ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.

The court’s 5-4 decision, written by Justice Neil Gorsuch, means that Oklahoma prosecutors lack the authority to pursue criminal cases against American Indian defendants in parts of Oklahoma that include most of Tulsa, the second-largest city.

The court’s ruling casts doubt on hundreds of convictions won by local prosecutors. The case, argued by telephone in May because of the coronavirus pandemic, revolved around an appeal by an American Indian who claimed state courts had no authority to try him for a crime committed on reservation land that belongs to the Muscogee (Creek) Nation.

The reservation once encompassed 3 million acres (12,100 square kilometers), including most of Tulsa.

The Supreme Court, with eight justices taking part, failed to reach a decision last term when it reviewed a federal appeals court ruling in a separate case that threw out a state murder conviction and death sentence. In that case, the appeals court said the crime occurred on land assigned to the tribe before Oklahoma became a state and Congress never clearly eliminated the Creek Nation reservation it created in 1866.

The case the justices decided Thursday involved 71-year-old Jimcy McGirt, who is serving a 500-year prison sentence for molesting a child. Oklahoma state courts rejected his argument that his case does not belong in Oklahoma courts and that federal prosecutors should instead handle his case.

McGirt could potentially be retried in federal court, as could Patrick Murphy, who was convicted of killing a fellow tribe member in 1999 and sentenced to death. But Murphy would not face the death penalty in federal court for a crime in which prosecutors said he mutilated the victim and left him to bleed to death on the side of a country road about 80 miles southeast of Tulsa.

Tulsa Mayor G.T. Bynum released the following statement:

“Muscogee (Creek) citizens founded Tulsa, and our successes and challenges are shared. They were before the Court’s opinion, and they will continue to be. We remain committed to the same strong cooperative relationship we have had for decades with the Creek Nation, and to the shared obligation among all jurisdictions – city, tribal, county, state, and federal – to serve all Tulsans, city and tribal residents alike.

“For most residents and most purposes, recognition of tribal boundaries will not even be noticeable. Importantly, the Court’s opinion does not affect private property ownership. Where there is any jurisdictional uncertainty, we will work with our partners to develop mutually respectful cooperative agreements, such as our Intergovernmental Cross-Deputization Agreement, which has been working well for nearly two decades.

“This decision will inevitably present further questions of jurisdiction and authority that will need to be resolved. I am grateful that this decision would arrive at a time when we have such a good working relationship between the City of Tulsa and the Creek Nation. I am committed to working with Principal Chief David Hill and his colleagues in the government of the Creek Nation to collaboratively address any issues as they arise.

“Finally, I am certain Creek Nation officials join me in condemning the abhorrent crimes of the Petitioner in this particular case, and I am confident that the Creek Nation and federal authorities will hold him accountable.”