What is the future of Indian law at the Supreme Court? McGirt v. Oklahoma (2020)

Abstract

WHAT IS THE FUTURE OF INDIANS AT THE SUPREME COURT? A case decided just as this book goes to print offers a glimpse of a more receptive future for Indian cases at the Supreme Court. Tribes moved against their will to Oklahoma during the era of removal of the 1830s were promised a homeland forever there, but by the early twentieth century found themselves under new pressures from westward expansion. When Oklahoma became a state in 1907, it seemed as if this homeland would be lost as well. Tribes continued to occupy the land, but in an uneasy and uncertain status. There were tribal governments and police forces, but no reservations. Oklahoma asserted jurisdiction within all of its boundaries. But two horrible criminals changed all this when their cases came to the Supreme Court. The Court rekindled the embers of sovereignty, and declared much of the eastern portion of the state, including large swaths of Tulsa, to be Indian Country. It was a huge win for these tribes and tribal interests more generally. But it may be a flash in the pan. One vote in the case - Ruth Bader Ginsburg - has been replaced by a more conservative justice, and this may mean future cases in this vein will face a more difficult road. But regardless of what the future holds, the story of these two cases is remarkable, revealing fascinating details about our history and how the Supreme Court handles Indian cases.