McGirt v. Oklahoma

140 S. Ct. 2452 (2020)

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McGirt v. Oklahoma

United States Supreme Court
140 S. Ct. 2452 (2020)

  • Written by Rose VanHofwegen, JD
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Facts

An Oklahoma court convicted Seminole Indian tribe member Jimcy McGirt (defendant) of committing sexual offenses on land within the Creek Nation reservation. McGirt appealed, arguing that the Major Crimes Act (MCA) required a federal court to try him for crimes on an American Indian reservation. Oklahoma countered that the Creek reservation lands no longer qualified as “Indian lands” as defined under the MCA. But the Tenth Circuit reached the opposite conclusion in another case. The Supreme Court granted review to resolve the split between the state and federal courts.

Rule of Law

Issue

Holding and Reasoning (Gorsuch, J.)

Dissent (Roberts, C.J.)

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