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Thursday, July 9, 2020
McGIRT: GORSUCH Leads USSCt on Right Path to HONOR THE TREATIES
TRIBES WIN! TRIBES WIN! Supreme Court rules for tribes, read that here This case is about two things:
(1) this opinion and case is about Muscogee Creek Nation, their treaty, and their lands and
(2) this opinion does not “return” lands - it is all about acknowledging existing jurisdiction.
JUSTICE NEIL GORSUCH writes in his 6th opinion in #McGirt:
"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."
Treaties had the full faith of the nation and MUST be honored. The Cherokee Nation learned that in the Freedmen Decision. Justice Neil Gorsuch ruled for Native American Rights in Yellowbear v Lambert
For more on treaties in Oklahoma, listen to Rebecca Nagle's podcasts THIS LAND Cecily Hilleary has background in Voice of America
Thank you to Ed Morrissey for the link at HotAir
HUGE WIN for Indian Country MORE from the decision:
For MCA purposes, land reserved for the Creek Nation since the
19th century remains “Indian country.” Pp. 3–42. 1833 Treaty fixed borders for a “permanent home to the whole Creek Nation(a) Congress established a reservation for the Creek Nation. An would “grant a patent, in fee simple, to the Creek nation of Indians for Nation of Indians,” 7 Stat. 418, and promised that the United States
and continue to occupy the country hereby assigned to them,” id., at the [assigned] land” to continue “so long as they shall exist as a nation, 419. The patent formally issued in 1852.