In a stunning blow to Oklahoma’s state government, the U.S. Supreme Court ruled Thursday that much of eastern Oklahoma is located on an Indian reservation.
The opinion was also an acknowledgment by the nation’s highest court that the U.S. government has, time and time again, broken promises to Indian tribes. The Supreme Court’s opinion means that at least for the matter of this land, the government must keep its commitment.
“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word,” Justice Neil Gorsuch wrote in the majority opinion.
“While there can be no question that Congress established a reservation for the Creek Nation, it’s equally clear that Congress has since broken more than a few of its promises to the Tribe,” he wrote. “Not least, the land described in the parties’ treaties, once undivided and held by the Tribe, is now fractured into pieces.”
The Muscogee (Creek), Cherokee, Choctaw, Seminole and Chickasaw Nations — which make up the Five Civilized Tribes — were hoping for a ruling that would uphold their sovereignty and the status of their lands as reservations, which currently make up around 19 million acres and nearly the entire eastern half of Oklahoma, including much of Tulsa.
“The Supreme Court reaffirmed today that when the United States makes promises, the courts will keep those promises,” Ian Heath Gershengorn, who argued a related case before the Supreme Court, said in a statement. “Congress persuaded the Creek Nation to walk the Trail of Tears with promises of a reservation — and the Court today correctly recognized that this reservation endures.”
The tribes and the state of Oklahoma have been waiting on a decision on the matter for years.
In a joint statement, the Five Tribes of Oklahoma - Cherokee, Chickasaw, Choctaw and Seminole and Muscogee Nation - welcomed the ruling.
They pledged to work with federal and state authorities to agree shared jurisdiction over the land.
"The Nations and the state are committed to implementing a framework of shared jurisdiction that will preserve sovereign interests and rights to self-government while affirming jurisdictional understandings, procedures, laws and regulations that support public safety, our economy and private property rights," the statement said.
Source
The opinion was also an acknowledgment by the nation’s highest court that the U.S. government has, time and time again, broken promises to Indian tribes. The Supreme Court’s opinion means that at least for the matter of this land, the government must keep its commitment.
“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word,” Justice Neil Gorsuch wrote in the majority opinion.
“While there can be no question that Congress established a reservation for the Creek Nation, it’s equally clear that Congress has since broken more than a few of its promises to the Tribe,” he wrote. “Not least, the land described in the parties’ treaties, once undivided and held by the Tribe, is now fractured into pieces.”
The Muscogee (Creek), Cherokee, Choctaw, Seminole and Chickasaw Nations — which make up the Five Civilized Tribes — were hoping for a ruling that would uphold their sovereignty and the status of their lands as reservations, which currently make up around 19 million acres and nearly the entire eastern half of Oklahoma, including much of Tulsa.
“The Supreme Court reaffirmed today that when the United States makes promises, the courts will keep those promises,” Ian Heath Gershengorn, who argued a related case before the Supreme Court, said in a statement. “Congress persuaded the Creek Nation to walk the Trail of Tears with promises of a reservation — and the Court today correctly recognized that this reservation endures.”
The tribes and the state of Oklahoma have been waiting on a decision on the matter for years.
In a joint statement, the Five Tribes of Oklahoma - Cherokee, Chickasaw, Choctaw and Seminole and Muscogee Nation - welcomed the ruling.
They pledged to work with federal and state authorities to agree shared jurisdiction over the land.
"The Nations and the state are committed to implementing a framework of shared jurisdiction that will preserve sovereign interests and rights to self-government while affirming jurisdictional understandings, procedures, laws and regulations that support public safety, our economy and private property rights," the statement said.
Source
Well, I will not hold my breath until that comes to pass. Of all the peoples living in North America (including Canada) the PEOPLE that deserve restitution for the horrible treatment endured and all the lands stolen from them it is the entire INDIAN nation of tribes! Have they not endured enough suffering so that the invaders could live free and prosper?
Now enforce ALL previous treaties!
Bout time!
Land transfer could surely come to pass unless you have to deal with a blue state, then corruption & decline will rule the day...just sayin!
CLS: It's the BLUE States that hold compassion and equality in their moral obligations and by-laws for Democracy. Majority of Republican States want everything for themselves, are racists, and have denied the virus, shelter-in-place guidelines to eradicate the virus, social distancing and refusal of mask wearing. Don't tell us about Blue States, as you don't know what you are talking about! it is about time the Native American's get their land and promises kept by all people and States, whether Blue or Red!
its about time,they have been lied to for over 150 years.I say thank God.
how about the whole state really.
The Red States will find a way to screw these tribes!
This is what TRUMP has been trying to do to the Mashpee Wampanoag!!! https://www.vox.com/identities/2020/4/2/21204113/mashpee-wampanoag-tribe-trump-reservation-native-land
Finally a court that upholds the law and the treaties made in years past that were always broken, now its time to do the same to all of the Native Nations where-ever they may be. A'ho
So what happens now?
I am always proudest when my country does the right thing.
About time they gave you the whole damn country back. As British, I apologise sincerely that my ancestors did this to you.
Giving back the land, or at least the reservations, is a complicated matter. Do they collect the tax's or the state? Do they pass the laws or the local townships and state? Do the non-native people give up their property ? We have to work together with the Indian nations.We would need towork out how to share the territory as we are ALL citizens of the USA. WE all abide by the laws of the fed,yet the sovereignty of the native tribe should allow them to choose how their people live,and the rules they have to abide by.
Giving back is key.
This ruling is long over due, and I am so happy for our First Nations Peoples our dear sisters and brothers.
May they continue to win their lands back all across the USA. Power Is The People!
Continuing Walking Strong First Nation Peoples!
With Love, Respect, and Admiration!!!
I suppose they will end up being invaded and murdered again by White People. . It's ALWAYS worked out that way Damn!
If reparations were given to the Indians and Blacks as promised, whites would have to find a new place to invade....or they can just GO BACK WHERE THEY CAME FROM! LOL
Unbelievable that this is ALL they received!!! Of course who would want Oklahoma City! Still it IS a beginning! Paltry but a beginning! Light shines!
What if the rest of the world invaded Britain??? lol A piece of paper doesn't mean nothing to ancestral spirits. When you don't have your word you have nothing. This is a great gesture and I'm happy for all the people that worked to make it happen. "MVTO"
The TRUTH is 'All of America is Native American Land.'
This is AWESOME!
�� want to find virtue signaling or losers, frauds, racists? Just always go to a Supreme Court ruling or something that has an ethnic slant to it.
Like cockroachesthe loser PC crowds comes out to comment. What a surprise! So all the people currently driving their Chevrolet down the highway are bashing Republicans, Whites red states, saying give the land back to the Indian..so give North America back to the people that stole it from the people before them, yeah that'll be Justice. Uh, no.
I was born here that makes me Native American, one of the comments said send all the whites back where they came from well I was born in the WESTERN part of the USA. that's where I came from, that makes it mine, meanwhile blue states keep putting people in ghettos and cafes that come thinking milk n honey await, nope just welfare and homeless, gangs and overcrowding. Now give half the land back and it will be less crowded of a shithole right? Sure. somebody else wrote about following dictatorships rules and wearing masks & how red state people did what they wanted and would stay behind locked basement doors quarantined.. I wonder howany Indians felt quarantined when the white liberal slave owning democrats of 1800s told them they had to stay on a reservation or be jailed or worse? Well with democrats fascists, nothings changes on 200 yrs or more. That why they all post to claim the opposition is the bad GUYS first..Lie to the uninformed long enough, and it be becomes truth to so many fools who will then vote blue..
Last ez point all the lying leftist fascists virtual signalers that posted hope you WOULDN'T NOTICE is the Supreme Court for the first time voted in favor of the Indians and their treaties and it's an all republican-appointed SUPREME COURT! isn't that special the very people that tried to call Kavanaugh and others racist, misogynist, rapist etc, justice came out in favor of the Indians and 50 years of it being a Democrat nominated Court with Ruth Ginsburg types, they had never ruled in favor of the Indian treaties.
The truth shall set you free! (quote from a republican named Martin Luther King) now bashed by democRats.
It's a step in the right direction. The truth is that practically the entire country was taken by deception without regard to Native Americans. So now, there are entire cities and counties that have governments and have been collecting taxes etc that actually belongs to these tribes. I'll definitely be following this.
Good they got their land, now goverment can stop giving them money every year..
GREAT-if it's carried out. The truth shall set you free is from the Bible; MLKJr. didn't invent that. How do you give it all back? Where 'we', the Caucasian majority, came from, Europe has no place (or use) for us. And the African-Americans who want to go back to 'Mother Africa' are probably about 5 people. My family has been in Georgia for over 300 years [non-slave holders] (I know, even before it was a Brit colony) so I also ask, am I a native American?