Fall 2021

Enrique Sanchez Enrique Sanchez

McGirt v. Oklahoma: A Just Path for Native Sovereignty

McGirt v. Oklahoma was a landmark Supreme Court case that tackled the important issue of Native sovereignty and US jurisdiction in Native land. By correctly recognizing 19th century treaties with the Creek tribe, a 5-4 Majority ruled that a large portion of eastern Oklahoma was a Native reservation, thus preventing the Oklahoma state government from prosecuting major crimes committed by a tribe member on that land. This decision was impactful because it secures Native land rights and limits the power and overreach of state governments such as Oklahoma. Additionally, after countless transgressions committed by the United States against land treaties with Native tribes, this decision reinforces the legal power of these treaties and holds the US government to its word, thus providing a path forward to Native Tribes to regain and reinforce their sovereignty.

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