Beautiful thing those rogue justices. The question about Congress getting them was kicked back down to the lower court so they can’t have his records.
Acceptable registrations in the queue through March 30 at 9:00a ET have now been activated. Enjoy! -M.W.
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John Roberts Strikes Again
Re: John Roberts Strikes Again
Re: John Roberts Strikes Again
Neil Gorsuch sided with the 4 liberals on this one:
WASHINGTON—The Supreme Court ruled Thursday that nearly half of Oklahoma falls within the Muscogee (Creek) Indian Reservation, over the objections of the federal and state governments, enforcing 19th century treaties the U.S. made with the tribe.
Justice Neil Gorsuch wrote for the 5-4 court, joined by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Four other conservatives dissented.
At issue was whether Oklahoma’s admission to the Union in 1907 dissolved the Muscogee (Creek) reservation that covered the state’s eastern half, including its second most populous city, Tulsa. Congress never formally voted to terminate Creek sovereignty, but the federal and state governments contended that the effect of Oklahoma statehood following several actions to diminish Indian self-rule amounted to the same thing.
The issue arose when Native Americans prosecuted in Oklahoma state courts began contesting their convictions, arguing that as residents of an Indian reservation they could only be tried in federal court.
An eight-member Supreme Court deadlocked on the question in 2018, when Justice Gorsuch recused himself. He participated in the new challenge, brought by Jimcy McGirt, a Creek Indian convicted in state court of raping a 4-year-old Seminole girl in suburban Tulsa.
Beyond Mr. McGirt, the case put in question hundreds of state convictions and the future of prosecutions in a vast swath of territory. And it held broader implications for the legal framework in eastern Oklahoma, where taxing powers and contracts involving members of the tribe could be affected.
The case traces from the U.S. government’s former policy to drive Indians from their lands to make way for white settlement. In the early 19th century, it evicted the Five Tribes—the Creeks, Choctaw, Chickasaw, Cherokee and Seminoles—from their ancestral lands in present-day Georgia and Alabama, pushing them into the plains of territorial Oklahoma. That expulsion is remembered as the Trail of Tears.
In treaties dating from the 1830s, the U.S. pledged to “secure a country and permanent home to the whole Creek nation of Indians,” yet in following decades it took official and practical steps that stripped them of both power and property.
During the Civil War, the tribes sided with the Confederacy against the U.S., which may have been a motivation for federal actions to reduce their autonomy in subsequent years, Justice Brett Kavanaugh said at arguments in May.
Source: Wall Street Journal.
WASHINGTON—The Supreme Court ruled Thursday that nearly half of Oklahoma falls within the Muscogee (Creek) Indian Reservation, over the objections of the federal and state governments, enforcing 19th century treaties the U.S. made with the tribe.
Justice Neil Gorsuch wrote for the 5-4 court, joined by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Four other conservatives dissented.
At issue was whether Oklahoma’s admission to the Union in 1907 dissolved the Muscogee (Creek) reservation that covered the state’s eastern half, including its second most populous city, Tulsa. Congress never formally voted to terminate Creek sovereignty, but the federal and state governments contended that the effect of Oklahoma statehood following several actions to diminish Indian self-rule amounted to the same thing.
The issue arose when Native Americans prosecuted in Oklahoma state courts began contesting their convictions, arguing that as residents of an Indian reservation they could only be tried in federal court.
An eight-member Supreme Court deadlocked on the question in 2018, when Justice Gorsuch recused himself. He participated in the new challenge, brought by Jimcy McGirt, a Creek Indian convicted in state court of raping a 4-year-old Seminole girl in suburban Tulsa.
Beyond Mr. McGirt, the case put in question hundreds of state convictions and the future of prosecutions in a vast swath of territory. And it held broader implications for the legal framework in eastern Oklahoma, where taxing powers and contracts involving members of the tribe could be affected.
The case traces from the U.S. government’s former policy to drive Indians from their lands to make way for white settlement. In the early 19th century, it evicted the Five Tribes—the Creeks, Choctaw, Chickasaw, Cherokee and Seminoles—from their ancestral lands in present-day Georgia and Alabama, pushing them into the plains of territorial Oklahoma. That expulsion is remembered as the Trail of Tears.
In treaties dating from the 1830s, the U.S. pledged to “secure a country and permanent home to the whole Creek nation of Indians,” yet in following decades it took official and practical steps that stripped them of both power and property.
During the Civil War, the tribes sided with the Confederacy against the U.S., which may have been a motivation for federal actions to reduce their autonomy in subsequent years, Justice Brett Kavanaugh said at arguments in May.
Source: Wall Street Journal.