The Supreme Court ruled Thursday that the land carved out for Native Americans in modern-day Oklahoma during the 19th century was never officially broken apart by Congress, and thus remains a reservation that belongs to the tribes in the area.
The 5-4
decision handed down in
McGirt v. Oklahoma means nearly half of Oklahoma belongs to the Muscogee Creek Nation. The opinion was written by Justice Neil Gorsuch, who joined the Supreme Court in 2017 after he was nominated President Donald Trump. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined the majority, with Chief Justice John Roberts writing the dissenting opinion.
In his majority opinion, Gorsuch pointed to the "sadly familiar pattern" that he said the U.S. has followed over the years in retracting promises made to Native tribes.
Justice Neil Gorsuch said, “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.”
The Supremes got this case correct as well. Promises to Native Americans have been broken too many times and for too long.