Thursday, June 30th 2022, 6:56 am
Oklahoma now has the authority to prosecute non-tribal members who commit crimes against Native Americans on Indian Territory.
In 2020, the McGirt ruling put half of the state back in Indian Territory, saying that Congress never disestablished the original reservations. This allowed tribes to prosecute any crimes committed in tribal or federal courts.
Oklahoma attorneys fought this, saying that the state is entitled to at least share criminal jurisdiction in Indian Country. The court now agreed.
Brent Kavanaugh wrote the decision saying that the Constitution quote "allows a state to exercise jurisdiction in Indian country."
Locally, Gov. Kevin Stitt cheers on the decision.
The Choctaw and Cherokee Nation Chiefs both have said they are disappointed with the ruling.
"After all the time we spent trying to make this a state and a nation where we're a melting pot, we were having to stop and ask, are you a member of a particular race," said Tulsa County District Attorney Steve Kunweiler.
"So this will be huge. It will be huge for victims, it will be huge for law enforcement because this takes some of the problems they have had trying to determine if someone is tribal," said District Attorney Jack Thorp.
Many Tribal members are now protesting the decision calling it an attack on sovereignty.
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