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United Oklahoma

  • alwjones3
  • Jun 29, 2020
  • 2 min read

Updated: Sep 24, 2020

The recent U.S. Supreme Court ruling in McGirt v. Oklahoma reminds us, in these turbulent times, that it’s more important than ever that we all remain united for Oklahoma.


The court’s actual ruling was narrow: Creek tribal members, on territory once set aside for the Creek tribe, can only be prosecuted by federal, not state, authorities for serious crimes.


The case began with the appeal of a man convicted in Oklahoma state court in 1997 for the rape of a 4-year-old girl. The court found that land reserved for the Creek Nation since the 19th century remains what the court’s majority opinion referred to as Indian country for the purposes of the federal Major Crimes Act.


The decision leaves many wondering what happens next. After the opinion’s release, our state’s attorney general released a joint statement with five of Oklahoma’s largest Native American tribes. Together, they announced they have already made “substantial progress toward an agreement to present to Congress and the U.S. Department of Justice” that they hope will resolve issues raised by McGirt.


Politicians should proceed with caution. No one should manipulate the court’s decision – or media coverage of it, for their benefit. Despite rumors that half of Oklahoma is now what some have referred to as an “Indian reservation,” the decision is limited. The court ruled only on the facts before it. Other courts and decisions could either extend or limit the decision’s reach.


What is clear is this is a job for Congress. The court’s majority was unwilling to step in and do the work it believes previous Congresses, going back to the 19th century, have failed to do. It’s good to see our nation’s highest court decline to act as “judicial legislators.” Congress should do its job and resolve potential jurisdictional and other issues.


By law and longstanding practice, Governor Kevin Stitt is the primary negotiator on behalf of our state. He should act with the help of the attorney general – not the other way around.


The governor won the office with the goal of representing all Oklahomans, including those who are members of our state’s proud Native American tribes. Now more than ever, Oklahomans should unite to seek solutions and policies in the best interests of all Oklahomans.


 
 
 

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