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Supreme Court just ruled that half of OK is still Rez.


ShaggyBevo RIP

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WASHINGTON — The Supreme Court ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.

The court's 5-4 decision, written by Justice Neil Gorsuch, means that Oklahoma prosecutors lack the authority to pursue criminal cases against American Indian defendants in parts of Oklahoma that include most of Tulsa, the second-largest city.

https://www.tulsaworld.com/news/supreme-court-hands-oklahoma-a-loss-on-tribal-lands-fight/article_4c33fbe8-c1ed-11ea-8c16-2705dc65414a.htmlidc-000739.gif

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1 minute ago, mchookem said:

this seems significant. is this significant?

I think we should reserve judgement.

But considering that this was a Supreme Court ruling, it can't be appealed to a heya court.

I'm actually red in the face that I can't give you a better answer.

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37 minutes ago, ShaggyBevo RIP said:

As more details of the ruling come out, it only applies to Native Americans in criminal cases in this territory.

So NAs are immune to prosecution from US and State laws in their territory but do NOT have claim on the wealth produced from said territory which is "their" territory?

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9 minutes ago, crash_davis said:

So NAs are immune to prosecution from US and State laws in their territory but do NOT have claim on the wealth produced from said territory which is "their" territory?

Immune from prosecution by the state.  The federal government has a quite active apparatus for prosecuting NAs in federal court.

SCOTUS only answered the question in the context of criminal jurisdiction.  The rest remains open to resolution.

Edited by TwiceHorn
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10 minutes ago, TwiceHorn said:

The feds probably have a stiffer penalty, too.   .

But not for the other case.  Another guy given the death penalty for mutilating and then letting his victim bleed to death won't face the DP in a fed prosecution.

 

Edited by clapclapclap
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2 hours ago, ShaggyBevo RIP said:

As more details of the ruling come out, it only applies to Native Americans in criminal cases in this territory.

  1. Card-carrying member of the Cherokee Nation - check
  2. Cousins who live in Eastern Oklahoma (and a few even live on the same land our great-great and great-great-great grandparents got from the original Cherokee land allotments) - check

Fuck yes.  Only problem is I have to make it to that part of Oklahoma.  And I have to deal with being in Oklahoma.

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31 minutes ago, Gil Bang said:

will their congressional representation remain the same?   Seems like if the reservation isn't part of the USA, then the population shouldn't count for congress or electoral votes.

Well the other half of Oklahoma shouldn’t count either but here we are 

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1 hour ago, Gil Bang said:

will their congressional representation remain the same?   Seems like if the reservation isn't part of the USA, then the population shouldn't count for congress or electoral votes.

One of those fuckers was involved in selling off a bunch of stock after he got a classified covid briefing, so this is a good starting point.

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This is directly from the supreme court opinion:

"Finally, the State worries that our decision will have significant consequences for civil and regulatory law. The only question before us, however, concerns the statutory definition of “Indian country” as it applies in federal criminal law under the MCA, and often nothing requires other civil statutes or regulations to rely on definitions found in the criminal law"

 

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