7 votes

US Supreme Court punts on one of the most important tribal land cases ever

1 comment

  1. alyaza
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    this was overshadowed by the other, bigger rulings today but this case is still very significant--and also had a very unusual outcome, because the supreme court is retrying it next term, something...

    this was overshadowed by the other, bigger rulings today but this case is still very significant--and also had a very unusual outcome, because the supreme court is retrying it next term, something which almost never happens. for the unaware, how the supreme court rules here has the potential to turn about half of oklahoma into native american land and in turn invalidate/force the retrial of hundreds of convictions, render all of the land in question subject to tribal sovereignty, and place the 45th largest city in america (tulsa, oklahoma) mostly on tribal land, which would obviously be incredibly strange and potentially disruptive.

    it also, if ruled the other way, could very possibly undermine nearly every tribal rights case decided since 1984, which would be equally significant. it's also a case subject to a recusal (because neil gorsuch happened to work on the case before it made it to the supreme court), making the arithmetic of what'll happen here even more complicated. a 4-4 tie(reaffirming a lower court's ruling in favor of the muscogee (creek) nation) seemed like the most likely split, but a 5-3 against murphy overturning that wasn't out of the cards. now the outcome's really up in the air, honestly.

    splinter news has further breakdown of the case here, and crooked media has an ongoing podcast on the backstory of the case, the history underlying it, and the potential implications of it.

    4 votes