McGirt v. Oklahoma

What is McGirt?

McGirt v. Oklahoma is a U.S. Supreme Court case that was decided on July 9th, 2020. In this case, the Supreme Court found that the Reservation the United States granted to the Muscogee (Creek) Nation after the trail of tears was never disestablished by Congress. As a result, the State of Oklahoma could not enforce its criminal laws against Native Americans living within the Muscogee (Creek) Nation Reservation, as doing so would be a violation of the Tribe's sovereignty. Instead, the Muscogee (Creek) Nation would enforce its criminal laws against Native Americans living within the Reservation.

After the Supreme Court's decision, lower courts applied the same reasoning that the Supreme Court used and determined that several other Tribes also had Reservations in Oklahoma that had not been disestablished by Congress. Because of this, much of Eastern Oklahoma sits on various Tribal Reservations. On these Reservations, Native Americans are subject to the laws of their Tribe and Federal law, meaning that they would go to Tribal or Federal court if they commit crimes.

Busting McGirt Myths

Myth

The Supreme Court gave away half of Oklahoma!



Eastern Oklahoma will become a lawless wasteland!




Tribal members in Eastern Oklahoma can violate the law with no consequences.



Police in Eastern Oklahoma won't be able to respond to crimes or emergencies if a Native American is involved.

Truth

The Supreme Court's decision led to the recognition of several Tribal Reservations in Eastern Oklahoma. 


The Tribes with Reservations in Eastern Oklahoma take their responsibilities as governments seriously. They enact and enforce laws, just like any other government


Tribal members who commit crimes on a Reservation are subject to Tribal and Federal Laws, and will be prosecuted in Tribal or Federal court.


Tribal Governments have entered into "cross-deputization" agreements with local police departments, and these local police are fully empowered to respond to emergencies and crime, no  matter who is involved.

Read the Opinion Here

McGirt Opinion.pdf

Muscogee (Creek) Nation's Brief to the Court

Muscogee Nation Brief McGirt.pdf

National Congress of American Indians Brief to the Court

NCAI Brief McGirt.pdf