The McGirt case: What it means, and what might happen next

In 1996, Jimcy McGirt was convicted in Oklahoma state court.  On appeal, McGirt argued that Oklahoma had no jurisdiction over the case because, under the Major Crimes Act, any crime occurring within a reservation and involving a Native American victim or perpetrator is exclusively within federal jurisdiction, not state jurisdiction.

This July, a sharply divided Supreme Court agreed with McGirt and stated that for purposes of the Act, much of eastern Oklahoma remains Native American territory.  This land was reserved for the Creek Nation in the 19th century and, according to the Court, retains that status to this day.  Commentators have called the case a “landmark” decision representing a “historic win” for Tribes and Native people.

What does the McGirt case mean, now and going forward?  Hear expert commentary from Professor Howie Arnett, who provides an overview and analysis of the case, paying special attention to the possible impacts of the ruling and the role of Justice Gorsuch in the outcome

Presented: Thursday, August 6, 2020

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