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August 4, 2020

Noting some of McGirt's early and uncertain echoes

Just under a month ago, the Supreme Court, via a 5-4 vote, decided in McGirt v. Oklahoma, No. 18–9526 (S. Ct. July 9, 2020) (available here), that a huge part of the state of Oklahoma "remains an Indian reservation for purposes of federal criminal law."  The start of Chief Justice Roberts' dissent expressed concern about the potential fall-out from this ruling, and a number of recent press pieces are starting to address this story in detail.  Here is a recent round-up:

From the ABA Journal, "After SCOTUS tribal decision, inmates file appeals, prosecutors hand off cases"

From the Marshall Project, "Half of Oklahoma Is Now Indian Territory.  What Does That Mean for Criminal Justice There? Tribal courts and federal prosecutors face a flood of new cases after the Supreme Court ruling."

From the McAlester News-Capital, "Batton: 'More questions than answers' after McGirt ruling"

From the New York Times, "A Historic Supreme Court Ruling Upends Courts in Oklahoma. Local prosecutors are referring criminal cases to the federal and tribal courts, which are now flooded with new cases."

From the Tulsa World, "McGirt ruling 'not a get out of prison free card,' Oklahoma AG says in request for court's guidance"

August 4, 2020 at 03:10 PM | Permalink

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