A Review of the Supreme Court's Groundbreaking Ruling in McGirt v. Oklahoma
Yesterday, the U.S. Supreme Court handed down a surprising 5-4 decision in the case of McGirt v. Oklahoma; the Court ruled that much of the eastern half of Oklahoma is still an Indian reservation. In doing so, the Court affirmed that -- because Congress had not expressly disestablished the Muskogee Creek Reservation, which was created well over a century ago -- that Reservation still exists when it comes to the Federal Major Crimes Act. This means that major crimes alledged to have been committed by an American Indian within the Reservation should be tried in federal court, not state court. We review the history of this landmark case, and explore its wide-ranging possible implications, with our guest today. Our guest is Aila Hoss, who recently joined the faculty at the University of Tulsa College of Law as an assistant professor. An expert on both Indian Law and Health Law, Hoss was formerly a visiting assistant professor at the Indiana University Robert H. McKinney School of Law.