A 188-year-old Treaty with Indians is Still Valid, the Supreme Court Rules

7/9/2020 

In a victory for Native American rights, the Supreme Court has ruled that an 1832 U.S. treaty with Creek Indians remains valid. That means that the part of Oklahoma that was once Indian Territory is still under Indian jurisdiction --  at least for criminal trials.

The ruling is not about transferring land ownership. It's about the prosecution of crimes committed by enrolled members of Indian nations in Oklahoma, who have long been tried under Oklahoma state law. Under this ruling, their crimes will be prosecuted under federal law.

A historical map showing lands of
various tribes in Indian Territory

While this is (arguably) good news for Jimcy McGirt, the Seminole Nation man found guilty of rape of a minor under Oklahoma law, the decision could also upend hundreds of convictions of enrolled tribe members who were also tried under state law. 

While McGirt is Seminole, the crime was committed in Creek territory, which is why references to the treaty specifically refer to the Creek Nation. However, more than a dozen other Indian nations, also victims of forced relocation, live in Oklahoma and the renewed Indian Territory. Many of those Indians were forced to walk to "Indian Territory" from Florida and East Coast states on what is now known as the "Trail of Tears." 

“In the long term, outside of the criminal context, there may be some minor changes in civil law, the majority opinion points out assistance with homeland security, historical preservation, schools, highways, clinics, housing, and nutrition programs, as possible changes," said Forrest Tahdooahnippah, lawyer and Comanche Nation member, in a statement quoted in the Huffington Post. "The Creek Nation will also have greater jurisdiction over child welfare cases involving tribal members.” 

Has justice been done? Did the Supreme Court make the right decision in this case?

Could an Indian nation someday levy a property tax on homeowners on its lands, including descendants of White settlers, in a state where 65% voted for Trump in 2016?