Oklahoma Wins Second High Court Round on Tribal Prosecutions (2)

June 29, 2022, 2:04 PM UTCUpdated: June 29, 2022, 7:57 PM UTC

The US Supreme Court sided with Oklahoma in a high-stakes follow-up about who can prosecute crimes committed on American Indian reservations.

The split decision on Wednesday pared the court’s 2020 ruling in McGirt v. Oklahoma that said the state couldn’t prosecute crimes that occurred on tribal lands. The court’s now saying the state can play a role in prosecutions if crimes were committed by non-Indians.

Writing for the majority, Justice Brett Kavanaugh noted that McGirt has “sudden” and significant ramifications for the criminal justice system in Oklahoma.

“The Oklahoma courts have reversed numerous state convictions on that same jurisdictional ground,” ...

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