Case Law Index
federal2020
Additional Highlights:Federal Indian LawTribal SovereigntyCriminal Jurisdiction
McGirt v. Oklahoma
United States Supreme Court
Key Holding
The historical Creek Nation reservation in eastern Oklahoma was never formally disestablished by Congress and remains Indian country for purposes of the Major Crimes Act.
Case Summary
McGirt v. Oklahoma held that the land promised to the Creek Nation under various treaties and never formally disestablished remained Indian country, meaning the federal government — not the state of Oklahoma — has exclusive jurisdiction to prosecute Native Americans for crimes committed there.
Primary Source: https://www.courtlistener.com/opinion/4623731/mcgirt-v-oklahoma/