{"id":20185,"date":"2022-01-21T18:17:30","date_gmt":"2022-01-21T23:17:30","guid":{"rendered":"https:\/\/www.indianz.com\/News\/?p=20185"},"modified":"2022-01-21T18:18:29","modified_gmt":"2022-01-21T23:18:29","slug":"supreme-court-surprises-by-taking-up-contentious-indian-law-case","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2022\/01\/21\/supreme-court-surprises-by-taking-up-contentious-indian-law-case\/","title":{"rendered":"Supreme Court surprises by taking up contentious Indian law case"},"content":{"rendered":" \"Cherokee<\/a>
“Now and forever the Cherokee Nation Rez”: The Cherokee Nation shared a photo of signage recognizing the continued existence of the Cherokee Reservation<\/a> in a post on social media on January 21, 2022. Photo: Cherokee Nation<\/a><\/figcaption>\r\n
Supreme Court surprises by taking up contentious Indian law case<\/div>\r\n
Friday, January 21, 2022<\/div>\r\n
By Acee Agoyo<\/div>\r\n
Indianz.Com<\/div>\r\n

<\/p>\r\nWASHINGTON, D.C. — \r\nThe highest court in the land has added another Indian law case to its docket, taking up a contentious sovereignty dispute that has been simmering in the state of Oklahoma for nearly two years.\r\n

<\/p>\r\nThe U.S. Supreme Court<\/a> on Friday afternoon agreed to hear Oklahoma v. Castro-Huerta<\/em><\/a> to determine who can prosecute non-Indians in certain situations. And the justices put the case on the fast track, with oral argument set for April.\r\n

<\/p>\r\n In the order granting the petition in Castro-Huerta<\/em><\/a>, the justices made it clear that they are going to decide one question and one question only. According to the court, they will rule whether the state of Oklahoma has jurisdiction over non-Indian defendants who commit crimes against Indian victims, in Indian Country.\r\n

<\/p>\r\n\u201cThe petition for a writ of certiorari is granted limited to Question 1 presented by the petition,\u201d the one-paragraph order noted.\r\n

<\/p>\r\n

U.S. Supreme Court Order<\/div>\r\n
\r\n012122zr_3f14<\/a><\/div><\/div>\r\n

<\/p>\r\nBut Republican officials in Oklahoma are seeing the development in another light. They are hoping the Supreme Court will use the occasion to overturn its historic decision in McGirt<\/em><\/a>, the landmark case which has led to the reaffirmation of reservation lands throughout the state.\r\n

<\/p>\r\n\u201cI am encouraged that the Supreme Court has decided to address whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian Country,\u201d Gov. Kevin Stitt<\/a> (R) said in a statement in the afternoon<\/a>. \r\n

<\/P>\r\n\u201cThe fallout of the McGirt<\/em> decision has been destructive,\u201d Stitt continued, blaming the situation not on the defendant who is accused of child neglect\r\nbut on the Supreme Court’s July 2020 ruling that upheld a treaty promise made by the U.S. government.\r\n

<\/p>\r\n \u201cCriminals have used this decision to commit crimes without punishment,\u201d asserted Stitt, who is a citizen of the Cherokee Nation<\/a>. \u201cVictims of crime, especially Native victims, have suffered by being forced to relive their worst nightmare in a second trial or having justice elude them completely.\u201d\r\n

<\/p>\r\n\u201cThe reality is that the McGirt<\/em> decision has hamstrung law enforcement in half of the state,\u201d said Stitt. \u201cOklahoma is a law and order state, and I was elected to protect all four million Oklahomans, regardless of their race or heritage. I will not stop fighting to ensure we have one set of rules to guarantee justice and equal protection under the law for all citizens.\u201d\r\n

<\/p>\r\n

Huge win.

I applaud SCOTUS' decision to address the McGirt fallout. Read my full statement below.https:\/\/t.co\/wOjTlA26lX<\/a><\/p>— Governor Kevin Stitt (@GovStitt) January 21, 2022<\/a><\/blockquote>