Tribes face risks in Okla case. Despite McGirt being rescued by judges

By Andrew Westney (January 28, 2022, 4:08 PM EST) — The United States Supreme Court’s recent refusal to overturn its landmark McGirt decision was a relief for the tribes of Oklahoma, but the court’s decision to assess the state’s ability to prosecute non-Indians for crimes against Indians on tribal lands could upset a long-standing balance between federal and state authorities across the country.

The high court dealt a blow to the state earlier on Jan. 21 by rejecting its bid to drop the 2020 McGirt v. Oklahoma decision, which the state says was ill-decided and created significant problems of jurisdiction in finding the Muscogee Nation Reservation (Creek) still exists, a judgment later extended to…

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Martin E. Berry