Understanding the Significance of McGirt v. Oklahoma
Have you heard of a Supreme Court case called Oklahoma v. McGirt? Well, this is a 2020 case that the Supreme Court of the United States decided, and it had a major impact on Oklahoma.
My name is Aaron Grubb. I’m the Tahlequah felony attorney at Wirth Law Office, and in this video, we’re just going to go over the very basics of what the McGirt case was all about.
The Core Issues of the Case
So, this case was brought to the Supreme Court, and the main issue was Oklahoma arguing that certain reservations—specifically in this case, the Muscogee (Creek) Nation—no longer exist. Oklahoma claimed that the Creek reservation had been disestablished and therefore, the state, not the tribe, had jurisdiction over criminal cases in that area.
The defendant, McGirt, argued that there was never a formal dissolution of the tribe’s reservation. Because there was no legal action officially terminating the reservation, he claimed it still existed—and therefore, the state didn’t have jurisdiction. Instead, criminal jurisdiction would fall to the federal government or the tribe under the Major Crimes Act.
The Supreme Court’s Decision and Its Impact
The Supreme Court ultimately agreed with McGirt. They ruled that the Muscogee (Creek) Nation reservation had never been disestablished and still exists. This decision impacted a large portion of eastern Oklahoma, including much of the Tulsa area and surrounding counties.
While the ruling has created significant logistical challenges for state courts and law enforcement, it was a massive step forward in terms of Indian civil rights and tribal sovereignty.
Contact Us for More Information
If you have any additional questions about McGirt or you’re interested in learning more about this and other related decisions, please contact us here at Wirth Law Office. You can reach Tahlequah criminal defense attorney Aaron Grubb at (918) 458-2677 or check out some of our latest videos.
