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Running SCOTUS thread

Discussion in 'Sports and News' started by 2muchcoffeeman, Jun 15, 2020.

  1. Inky_Wretch

    Inky_Wretch Well-Known Member

    Overshadowed by the other two, but pretty big for Native Americans ...

     
    Spartan Squad and FileNotFound like this.
  2. Mngwa

    Mngwa Well-Known Member

    Thomas never ceases to be an embarrassment
     
  3. TheSportsPredictor

    TheSportsPredictor Well-Known Member

    SCOTUS sides with a child molester and rules Tulsa is an Indian reservation.

    That's gonna go over well with the Breitbart crowd.
     
  4. Inky_Wretch

    Inky_Wretch Well-Known Member

    It's also going to overturn some death penalty convictions.
     
  5. 2muchcoffeeman

    2muchcoffeeman Well-Known Member

    I am reading the Muscogee decision, which appears to be Gorsuch repeatedly saying, “You made a deal, here are the terms of that deal, and you have to abide by the deal you made.”
     
    Neutral Corner likes this.
  6. qtlaw

    qtlaw Well-Known Member

    As easy as it is to say someone is in someone else’s pocket, the law doesn’t quite work that way (if the judges have any sort of backbone) and a judges decision will reveal very easily whether they are a sellout or not.

    Scalia and Rehnquist were disagreeable and I disliked their beliefs but they made eloquent points which I had to respect.

    Roberts and Gorsuch are showing they’re not just legal hacks and have some respect.
     
    Spartan Squad likes this.
  7. Batman

    Batman Well-Known Member

    Raises a hell of a lot of other issues as well, from criminal prosecutions to jurisdiction to property and tax issues.
    If the whole area belongs to whatever tribe was claimed (the articles I read didn't make it clear whether it was the Creek, Muskogee or someone else), then do they now own all of the property there? Can they tax it? Kick people out? Can they govern it, if they even have the organization, ability and desire to do that?
    Does any Oklahoma law enforcement agency now have any jurisdiction in Tulsa and the surrounding area? Can the State of Oklahoma still tax people in that area, or claim any jurisdiction over it?
    And just how many criminal cases are affected by this? In theory, it could be thousands of cases from the past 150 years. Can someone just claim Native American ancestry to beat the rap on any charge? I think that will be the most immediate fallout from this, is a lot of accused criminals in and around Tulsa are suddenly going to discover they're 1/64 Native American.

    I can grasp why the court ruled how it did, but it makes you wonder if they really considered all of the potential ramifications of it.
     
  8. 2muchcoffeeman

    2muchcoffeeman Well-Known Member

    The tribe that English-speaking settlers referred to as the Creek Confederacy refers to itself as the Muscogee; its historical lands were in east-Central Alabama. Its legal descendant goes by the name “Muscogee (Creek) Nation.”
     
    Batman likes this.
  9. MileHigh

    MileHigh Moderator Staff Member

    From AP:

    Oklahoma's three U.S. attorneys quickly released a joint statement expressing confidence that “tribal, state, local and federal law enforcement will work together to continue providing exceptional public safety" under the ruling.

    Jonodev Chaudhuri, ambassador of the Muscogee (Creek) Nation and a former chief justice of the tribe's Supreme Court, said the state's argument that such a ruling would cause legal havoc in the state was overblown.

    “All the sky-is-falling narratives were dubious at best," Chaudhuri said. “This would only apply to a small subset of Native Americans committing crimes within the boundaries.

    “This case didn’t change ownership of any land. It didn’t impact the prosecutions of non-Indians in any way. All it did was bring clarity to jurisdictional questions regarding the border, and it enhanced the Creek Nation's ability as a sovereign nation to work with other sovereign interests to protect people and to work in common interests."

    Forrest Tahdooahnippah, a Comanche Nation citizen and attorney who specializes in tribal law, said the ruling's short-term implications are largely confined to the criminal context and that serious felonies committed by Native Americans in parts of eastern Oklahoma will be subject to federal jurisdiction.

    “In the long term, outside of the criminal context, there may be some minor changes in civil law," he said. “The majority opinion points out assistance with Homeland Security, historical preservation, schools, highways, clinics, housing, and nutrition programs, as possible changes. The Creek Nation will also have greater jurisdiction over child welfare cases involving tribal members."
     
    Batman likes this.
  10. Batman

    Batman Well-Known Member

    Thanks. I hadn't seen the updated version of that story. Good to see that the people most involved have realized the need to work together and get a handle on the various tentacles of the decision.
     
  11. tapintoamerica

    tapintoamerica Well-Known Member

    I wanted Trump to lose everything, but I'm kind of heartened that the House Democrats' case was 7-2 instead of 5-4. Suggests the issue may not be entirely political.
     
  12. Twirling Time

    Twirling Time Well-Known Member

    I don't know about the rest of Tulsa proper, but a good part of the Osage Nation takes up some prime real estate in the northwest quadrant of the city. It's always been a point of curiosity for myself.
     
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