McGirt v. Oklahoma
View Official PDFBelow are plain-language sections to help you understand what the Court decided in McGirt v. Oklahoma and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of McGirt v. Oklahoma.
In McGirt v. Oklahoma, the Supreme Court addressed whether the Creek Reservation in Oklahoma remains "Indian country" under the Major Crimes Act. The Court concluded that the land reserved for the Creek Nation since the 19th century persists as a reservation, thus precluding state jurisdiction over crimes committed there by Native Americans. The decision emphasized the need for a clear congressional intent to disestablish a reservation.
Holding
The single most important “bottom line” of what the Court decided in McGirt v. Oklahoma.
The Court held that for Major Crimes Act purposes, land reserved for the Creek Nation remains "Indian country."
Constitutional Concepts
These are the Constitution-related themes that appear in McGirt v. Oklahoma. Click a concept to see other cases that involve the same idea.
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Why State–Federal Power is relevant to McGirt v. Oklahoma
The case involves the allocation of authority between state and federal governments regarding jurisdiction over crimes committed in Indian country.
Syllabus excerpt (verbatim)He unsuccessfully argued in state postconviction proceedings that the State lacked jurisdiction to prosecute him because he is an enrolled member of the Seminole Nation and his crimes took place on the Creek Reservation.
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Why Preemption is relevant to McGirt v. Oklahoma
The decision addresses whether federal law, specifically the Major Crimes Act, preempts state jurisdiction over crimes committed in Indian country.
Syllabus excerpt (verbatim)The Major Crimes Act (MCA) provides that, within 'the Indian country,' '[a]ny Indian who commits' certain enumerated offenses 'shall be subject to the same law and penalties as all other persons committing any of [those] offenses, within the exclusive jurisdiction of the United States.'
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Why Judicial Review is relevant to McGirt v. Oklahoma
The Court's decision involves reviewing and interpreting the statutory language and congressional intent regarding the establishment and disestablishment of Indian reservations.
Syllabus excerpt (verbatim)Once a federal reservation is established, only Congress can diminish or disestablish it. Doing so requires a clear expression of congressional intent.
Key Quotes
Short excerpts from the syllabus in McGirt v. Oklahoma that support the summary and concepts above.
"For MCA purposes, land reserved for the Creek Nation since the 19th century remains 'Indian country.'"
"Once a federal reservation is established, only Congress can diminish or disestablish it."
"Oklahoma claims that Congress ended the Creek Reservation during the so-called 'allotment era.'"
