Published on: Monday, January 24, 2022

Less than two years ago, the Supreme Court ruled in McGirt v. Oklahoma held that a large portion of eastern Oklahoma, which was reserved for the Creek Nation in the 19th century, remains a reservation for purposes of a federal law that gives the federal government sole power to try certain major crimes committed by “any Indian” in “Indian country” (article available here).

On Friday, the court – with Justice Amy Coney Barrett having replaced the late Justice Ruth Bader Ginsburg, who was in the McGirt majority – granted review in Oklahoma v. Victor Manuel Castro-Huerta to consider how broadly McGirt applies, but they declined to reconsider the decision itself. Specifically, the court will consider the question of whether the state can prosecute non-Indians for crimes involving Native Americans on reservations.

Two questions were presented in the petition:

1. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

2. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Question #2 is out. But Question #1 is in.

The Muscogee (Creek) Nation called it "great news" that the court "declined to consider overturning the McGirt ruling that affirms our reservation and sovereignty. The Muscogee (Creek) Nation will continue its vigorous engagement in the judicial process in support of our sovereignty and public safety."

Cherokee Nation Principal Chief Chuck Hoskin, Jr., said Friday, “The Cherokee Nation celebrates the Supreme Court’s rejection of a blatantly political request to overturn its McGirt decision.