Supreme Court says eastern half of Oklahoma is Native American land

dennishoddy

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Wait I always thought the tribes have their own law enforcement and courts who take on these cases? So if something were to happen, any state level DAs will refer the case to the tribal court?
Yes, that happened in the late 60's. County Sheriffs could not enter tribal land to arrest anyone or enforce laws of the state.
Tribal officers had to respond.
Recently there has been a sharing of jurisdiction where county deputies and tribal deputies are deputized to allow them to enforce laws.
I live in Osage County, near Kay county. Both have tribal lands and do the cross deputy scenario.
 

dennishoddy

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Holy crap, I just wondered. Does this mean that the state owned public hunting and fishing in the area are no longer state owned?
The Osage tribe has already drawn up the hunting and fishing regulations for their rez. They have been sitting on them waiting on this decision. I live in Osage County. The Osage regulations are easily looked up on the net. Pretty much mirror the ODW regulations with the exception of some licensing and other items that can be changed with a meeting of the tribe. No input from the state required.
It's going to be interesting to see how the 8-9 WMA's in the affected area will be regulated after this ruling.
The Creek tribe may just say continue as always, or may make some decisions good or bad. We don't know at this time.
I'm betting the Creek tribe is pretty much slammed with questions just like the rest of the state is.
I don't know about the ownership of the WMA's. Some lands have been donated by private lands deeded to the ODW. Some have been by direct purchase by the ODW. I don't see either changing.
How the others became WMA's I'm not sure.
 

PJM

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DSA/dnc IS the greatest enemy of the USA in the world...next to the SCOTUS....need I say more. The reason is that OK was too strong the way it was so the elitists had to do something and this is what they came up with.

DSA/dnc IS still the greatest enemy of the USA in the world...next to the SCOTUS!!!
 

PBramble

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This case was about jurisdiction of serious criminal cases and will have no change on land ownership.
But for all intents and purposes, it is about land ownership.
From the article:
The case sprang from the conviction of Creek member Jimcy McGirt in an Oklahoma court of raping a 4-year-old child on land whose ownership was in dispute in the case.
and
“But, in seeking to defend the state court judgment below, Oklahoma has put aside whatever procedural defenses it might have and asked us to confirm that the land once given to the Creeks is no longer a reservation today.”
Gorsuch flatly rejected that request by the state.

Depending on the wording of the treaty and what is or is not allowed on tribal land, this could be a huge change for Oklahoma. I'm not familiar with the rules, regulations and laws on reservation land in Oklahoma. Not just hunting and fishing, but look at the water rights battles going on in this state. This should be interesting to figure out, but I'm sure the tribes will tell us what they expect.
 

mr ed

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So, This sets up a special class of citizens who are non-prosecutable under state and local laws?
Doesn't that violate the constitution?
 
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