The right and power of tribes to rule themselves is being dismissed in favor of state power.
Tribes are…I can’t even write it…part of states.
For those wondering, “Why is it bad that states can prosecute too?”
Three answers: 1- States/Tribes have a long history of animosity. Fair treatment isn’t a fair assumption. 2- Tribes want to make different laws for their land than states. 3- Many resources are a zero sum game.
Let's add more: 4- The feds & states can now blow off responsibility while scapegoat e/o for not prioritizing Indian County (a difficult and expensive area to police and prosecute).
5- It'll be harder/complicated for tribes to make the case they need more authority to Congress (too many sovereigns in the kitchen already, why would adding another one help?).
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This #SCOTUS opinion in Castro Huerta is horrifying and insulting to Indian people and tribes.
I’m shaken.
Every few paragraphs of the majority opinion has another line that dismissively and casually cuts apart tribal independence that Native ancestors gave their lives for.
Waking up to lines like:
The rules of law on most reservations “was relatively insignificant in the real world.”
And “Indian country is part of a State, not separate from a State.”
Just…how dare they.
The majority opinion is more than tone deaf, it's disconnected from the reality of American history, dismissive of the actually important cases, and clearly ignorant of the reality of Indian Country's criminal jurisdiction landscape today.
[Thread] Yesterday was Three Kings Day. A Catholic holiday that has become a hybrid celebration of Pueblo spirituality and the day where the newly elected secular political leaders are honored and take office. Many pueblos dance our sacred Buffalo Dances.
[2/4] It's an honor to be asked to dance the Buffalo. One I dreamed about growing up. So much ceremony, care, prayer, history, understanding, and reverence goes into every inch of it. There is resilience, forgiveness, and perseverance in this day and those prayers.
[3/4] So seeing "Q-Shaman" or "Buffalo Head Guy" with horns and face paint screaming and threatening public servants makes me feel physically sick. His use of THAT buffalo head fake Indian aesthetic, and on THIS day, to do WHAT he did is a desecration and disrespect beyond words.
Thread: Federal Indian Law context for what the #McGirt#SCOTUS decision and does not mean about which government now had power to do what in Oklahoma. This is how criminal jurisdiction works between the sovereigns on the land that federal law defines as “Indian Country.”
“Indian Country” is defined to include “reservations.”
Several different laws and cases have made the rules about which government prosecutes who. One of them is the Major Crimes Act, it governs serious crimes committed by Indians. McGirt challenged only the Major Crimes Act.
The Supreme Court just held that the Muscogee Creek Nation reservation was not disestablished, and so for purposes of the Major Crimes Act (the only law whose application was explicitly challenged), Indian Country, includes this land.