US Person must be excused for not posting about the historic McGirt case midst his preoccupation with the struggle against the most corrupt American government in its 240-odd year history McGirt v Oklahoma is not historic for the fact that the decision will result in the federal retrial of Jimmy McGirt, an enrolled Creek Indian and convicted child rapist serving 500 years in a state penitentiary; but the fact that it hands legal jurisdiction over nearly half of the state, [map] including the city of Tulsa, back to its original owners, removed Native Americans. The decision by a 5-4 majority of the Supreme Court, including a conservative justice appointed by the Antichrist in Office, is shattering in its significance.
McGirt's attorneys raised the argument that an 1866 treaty with the Muskogee Creek nation prevented the state of Oklahoma for trying McGirt for his crimes in state court since it lacked jurisdiction over the Muscogee reservation. Indian tribes have the authority to try most crimes in their own courts, except for certain felonies--manslaughter, murder and kidnapping--which must be tried in federal court. This recognition of an aspect of sovereignty is a rare thing, since Congress signed 370 treaties with native peoples over the years, and has broken almost every one--resulting a lot of work for Indian attorneys. Neil Gorsuch writing for the majority recognized the historic gravity of the decision. Nevertheless, the Court decided that the 1866 treaty means exactly what it says, should be enforced against the state of Oklahoma, and the land remain an Indian reservation. He wrote, “On the far end of the Trail of Tears was a promise. Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word."
Breathtaking words during the tenure of an authoritarian regime steeped in the ideology of authoritarianism. Using a conservative textual approach in his legal analysis, Gorsuch arrived at a result certainly unappreciated by the deep red state of Oklahoma. Tribal leaders have hailed the result as a recognition of native sovereignty long overdue and deeply abused by latter-day governments. The less laudatory effect of McGirt means the retrial in federal court of about 200 Native Americans currently serving time for their serious federal crimes. Another effect: state taxes may not be paid by Indians residing on reservation lands. So there needs to be renegotiation, adjustment, and law making between the state and the affected nations--Muscogees, Cherokees, Choctaws, Chickasaws, and Seminoles. Justice Gorsuch noted Congress can make necessary statutory clarifications, if needed. That is a small price to pay for America to finally live up to the promises it made to the first people of this land.