High court says much of eastern Okla. is Indian reservation; Roberts warns of disruption in criminal-justice system

Graphic from The Washington Post

"The Supreme Court said Thursday that a large part of eastern Oklahoma remains an American Indian reservation, a decision with implications for nearly 2 million residents," including most of Tulsa, report Ann Marimow and Robert Barnes of The Washington Post.

The court had to decide, in a challenge to a prosecution, whether Congress officially eliminated the Creek Nation reservation when Oklahoma became a state in 1907. In a 5-to-4 decision, it found that Congress “has not said otherwise,” so the land promised to the Creeks is still a reservation.

“If Congress wishes to withdraw its promises, it must say so,” wrote Justice Neil M. Gorsuch for himself and the court’s four liberal justices. “Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.” 

But Chief Justice John G. Roberts Jr. warned in dissent that state prosecutions “will be hobbled and decades of past convictions could well be thrown out. On top of that, the court has profoundly destabilized the governance of eastern Oklahoma.”

Dillon Richards of KOCO-TV in Oklahoma City reports, "Not much immediately changes for your average person living on the Muscogee (Creek) Nation's land, including in Tulsa. Oklahoma still has jurisdiction over crimes not involving members of a federally recognized tribe."

UPDATE: The Post reports, "Oklahoma Attorney General Mike Hunter and leaders of five tribal groups issued a joint statement after the ruling indicating they have made 'substantial progress toward an agreement” to submit to Congress and the Justice Department that would put in place a 'framework of shared jurisdiction'."