Lawyers threaten that more cases like this are coming to other States.
This specific case was brought to the Supreme Court by a man named Jimcy McGirt who was convicted in 1997 of raping an underage child which occurred in 1996.
Jimcy McGirt used a prior case of Sharp v. Murphy to his advantage where another Native American descendant charged with murder argued the legality of how Oklahoma became a State under the Oklahoma Enabling Act in 1906.
Murphy’s case is still pending as Justice Gorsuch recused himself and the other Justice’s are deadlocked.
The Jimcy McGirt case, however, has been heard and ruled on. McGirt won’t necessarily be released from prison though, as the Federal Government now has jurisdiction with the Native Amercans in this half of the State.
Many are saying this will upset the justice system in Oklahoma as well as other States once more of these cases arise.
There are approximately 1.8 million people that live on this now ruled Native land and only about 15% of those are Native American themselves. Some are wondering how this affects representation in the State government.
One of the dissenting opinions was of Chief Justice John Roberts and he wrote, “The State’s ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out.
“The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law.”
What are your thoughts on this news and the possibility of more land being stripped from other States? Let us know below or in the community.
