Short story, I haven’t seen covered here yet today and I didn’t know about until I spoke with my sister this afternoon.
A Supreme Court case, based on a jurisdiction question, in the case of a man accused of sexual assault of a four year old child, which has turned into a surprise decision of the Court to bring a Treaty long ignored back to full authority and power.
Courtesy WashingtonPost.com:
The Supreme Court said Thursday that a large swath of eastern Oklahoma remains an American Indian reservation, a decision with potential implications for nearly 2 million residents and one of the most significant victories for tribal rights in years.
The land at issue contains much of Tulsa, the state’s second-largest city. The question for the court was whether Congress officially eliminated the Muscogee (Creek) Nation reservation when Oklahoma became a state in 1907.
In a 5-to-4 decision invoking the country’s long history of mistreating Native Americans, the court said “we hold the government to its word” and the land Congress promised to the Creek Nation is still Indian land.
“If Congress wishes to withdraw its promises, it must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law,” wrote Justice Neil M. Gorsuch, who was joined by the court’s liberal justices.
The very saddest thing about this is the originating cause of this law suite —
The case was brought by Jimcy McGirt, a member of the Creek Nation who was convicted in state court of molesting a child. Because the crime occurred on the land in question, McGirt said that state courts had no jurisdiction and that the federal government would have to prosecute. The court’s ruling tosses McGirt’s state conviction and means he must be tried in federal court.
The second saddest thing is that Chief Justice Roberts was in the minority and opposed the finding.
An NPR interview with a member of the Cherokee Nation, Mary Louise Kelly on the SCOTUS finding:
I know, today Trump commuted Roger Stone’s sentence and yesterday the SCOTUS told a NY District Attorney he could have the eight years of financial records of Trump (and every associated Trump-based entity) for his case. BIG NEWS.
But this case? Long after Donald Trump is gone, the basic idea that the United States Federal Government must uphold and respect Treaties made with Indigenous Nations centuries ago will have a bigger impact.
My personal first thought was — what does this mean for the Lakota Sioux and the Black Hills and the 1868 Treaty of Fort Laramie, in particular the highlighted portion of Article II of the Treaty:
Transcript of Treaty of Fort Laramie (1868) ARTICLES OF A TREATY MADE AND CONCLUDED BY AND BETWEEN
Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.
ARTICLE I. From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.
ARTICLE II. The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees of the government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.
[emphasis added for clarity]