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Oklahoma vs Indians SCOTUS Ruling
Posted on 6/29/22 at 10:25 am
Posted on 6/29/22 at 10:25 am
Governor Stitt Celebrates Supreme Court Victory for Oklahoma, Native American Victims
Governor Kevin Stitt released the following statement after the U.S. Supreme Court sided with the state in Oklahoma v. Castro-Huerta:
“Today’s ruling is a clear victory for all four million Oklahomans, the state of Oklahoma, and the rule of law. I am heartened that the Supreme Court ruled in our favor, allowing Oklahoma to prosecute non-Natives who violate the law and protect Native victims. Since the Court’s 2020 McGirt decision, federal prosecutors have declined thousands of cases like Castro-Huerta, a non-Native who monstrously abused his 5-year old Native stepdaughter. Justice has been delayed and denied to thousands of Native victims in our state for no reason other than their race. Now Oklahoma law enforcement can help uphold and enforce the law equally, as we have done for over a century.
“This is a pivotal moment. For two years, as a fourth generation Oklahoman, member of the Cherokees, and Governor of the state of Oklahoma, I have been fighting for equal protection under the law for all citizens. Today our efforts proved worthwhile and the Court upheld that Indian country is part of a State, not separate from it. I look forward to working with leaders across the state to join our efforts in combatting the criminal-justice crisis in Oklahoma following McGirt.”
Gov Stitt
Governor Kevin Stitt released the following statement after the U.S. Supreme Court sided with the state in Oklahoma v. Castro-Huerta:
“Today’s ruling is a clear victory for all four million Oklahomans, the state of Oklahoma, and the rule of law. I am heartened that the Supreme Court ruled in our favor, allowing Oklahoma to prosecute non-Natives who violate the law and protect Native victims. Since the Court’s 2020 McGirt decision, federal prosecutors have declined thousands of cases like Castro-Huerta, a non-Native who monstrously abused his 5-year old Native stepdaughter. Justice has been delayed and denied to thousands of Native victims in our state for no reason other than their race. Now Oklahoma law enforcement can help uphold and enforce the law equally, as we have done for over a century.
“This is a pivotal moment. For two years, as a fourth generation Oklahoman, member of the Cherokees, and Governor of the state of Oklahoma, I have been fighting for equal protection under the law for all citizens. Today our efforts proved worthwhile and the Court upheld that Indian country is part of a State, not separate from it. I look forward to working with leaders across the state to join our efforts in combatting the criminal-justice crisis in Oklahoma following McGirt.”
Gov Stitt
8
Posted on 6/29/22 at 10:27 am to OU Guy
This was a much needed ruling. Very thankful about this one.
Even the Indians here in this county (most people besides me that I'm friends with have CDIBs) thought it was ridiculous.
I live in Bryan County, home of the Choctaw Nation. They don't have the ability nor resources to handle that crap.
Even the Indians here in this county (most people besides me that I'm friends with have CDIBs) thought it was ridiculous.
I live in Bryan County, home of the Choctaw Nation. They don't have the ability nor resources to handle that crap.
This post was edited on 6/29/22 at 10:28 am
Posted on 6/29/22 at 10:28 am to OU Guy
quote:
Since the Court’s 2020 McGirt decision, federal prosecutors have declined thousands of cases like Castro-Huerta, a non-Native who monstrously abused his 5-year old Native stepdaughter.
Thousands, in 2 years, sounds a bit like hyperbole.
Posted on 6/29/22 at 10:33 am to BuckyCheese
quote:
Thousands, in 2 years, sounds a bit like hyperbole.
does it though?
if I... a pure white bread... go onto a reservation and bust out a few car windows and maybe steal a laptop sitting on a carseat... wouldn't that fall here?
this allows the government to go after criminals who perpetuate crime on Native lands... and probably take some pressure off of underfunded Native police forces
Posted on 6/29/22 at 10:36 am to OU Guy
Dumbass question but why would Oklahoma not be able to prosecute a non Indian if he committed a crime against one? I’m sure they’d certainly prosecute if it was the other way around. It just seems incredibly lazy and nothing but pretzel logic to think you couldn’t prosecute a shite bag who wronged a native.
Posted on 6/29/22 at 10:37 am to El Segundo Guy
quote:
I live in Bryan County, home of the Choctaw Nation. They don't have the ability nor resources to handle that crap.
When I read the blurb, my first question was -- I wonder how the tribes feel about this.
Given that the killer was not an Indian, I would have thought that the tribe in question would have sided with Oklahoma and would have been thrilled to get the assistance rather than have to use their own resources.
Do you know whether the tribe was in favor of Oklahoma's position?
Posted on 6/29/22 at 10:45 am to Blizzard of Chizz
quote:
It just seems incredibly lazy and nothing but pretzel logic to think you couldn’t prosecute a shite bag who wronged a native.
If a crime is committed on a Federal Reservation Territory, the State of Oklahoma literally has no jurisdiction, and it would handled by the FBI, Interior, and Reservation Police. At least thats the way it was when I lived in Oklahoma.
Posted on 6/29/22 at 10:45 am to El Segundo Guy
quote:
They don't have the ability nor resources to handle that crap.
They definitely have the financial resources.
I’m no Indian nation expert, but these entities take in hundreds of millions annually
Posted on 6/29/22 at 10:46 am to MMauler
No I don't pay attention to what the tribes say. Hell, the tribal leaders HATE Stitt. It's telling in that Stitt easily won his primary last night when I know that the tribal leaders were throwing cash at his opponents.
Pretty much everyone from around here has a CDIB but they don't care about tribal politics.
Pretty much everyone from around here has a CDIB but they don't care about tribal politics.
Posted on 6/29/22 at 10:46 am to Blizzard of Chizz
quote:
Dumbass question but why would Oklahoma not be able to prosecute a non Indian if he committed a crime against one? I’m sure they’d certainly prosecute if it was the other way around. It just seems incredibly lazy and nothing but pretzel logic to think you couldn’t prosecute a shite bag who wronged a native.
If it happened on Native Land such as the Reservation, it was previously outside of the white man's jurisdiction.
Posted on 6/29/22 at 10:48 am to PsychTiger
The problem with that in Oklahoma, is that all land is part of an Indian Nation land. There aren't "reservations ".
My cattle farm lies in Choctaw Nation even though there is no res.
My cattle farm lies in Choctaw Nation even though there is no res.
This post was edited on 6/29/22 at 10:50 am
Posted on 6/29/22 at 10:50 am to PsychTiger
quote:
The question is whether the Federal Government’s jurisdiction is exclusive, or whether the State also has concurrent jurisdiction with the Federal Government.
From the majority opinion.
So they are saying that the Feds do have jurisdiction, but nothing pre-empts the State from also prosecuting in this narrow situation.
ETA: This is also probably a large part in why Oklahoma kept going to the Supreme Court with this case
quote:
Castro-Huerta accepted a plea agreement for a 7-year sentence followed by removal from the United States. (Castro-Huerta is not a U. S. citizen and is unlawfully in the United States.) In other words, putting aside parole possibilities, Castro-Huerta in effect received a 28-year reduction of his sentence as a result of McGirt.
This post was edited on 6/29/22 at 10:53 am
Posted on 6/29/22 at 10:50 am to OU Guy
They should just let the Tribes kill assholes like in the case cited.
Posted on 6/29/22 at 10:52 am to El Segundo Guy
By "reservations" I was referring to the casinos. 
Posted on 6/29/22 at 11:22 am to GeauxGutsy
quote:
They definitely have the financial resources.
I’m no Indian nation expert, but these entities take in hundreds of millions annually
Not all of them do. Some tribes are much smaller and poorer than others.
Posted on 6/29/22 at 11:24 am to GeauxGutsy
Making piles if cash does not mean that they have the ability to set up their own functioning criminal justice system. It's much better handled by the state.
Posted on 6/29/22 at 11:49 am to OU Guy
I have not followed this case.
Were the Tribes contending that they have exclusive criminal jurisdiction and that the State did not have concurrent jurisdiction?
Were the Tribes contending that they have exclusive criminal jurisdiction and that the State did not have concurrent jurisdiction?
Posted on 6/29/22 at 11:58 am to Bearcat90
quote:
They should just let the Tribes kill assholes like in the case cited.
By scalping!
Posted on 6/29/22 at 12:07 pm to AggieHank86
quote:
Were the Tribes contending that they have exclusive criminal jurisdiction and that the State did not have concurrent jurisdiction?
Not the tribes, but the illegal immigrant (i.e. non-native) dude.
Although, I'm not sure if the Tribes submitted amicus briefs
Posted on 6/29/22 at 12:07 pm to AggieHank86
quote:
Were the Tribes contending that they have exclusive criminal jurisdiction and that the State did not have concurrent jurisdiction?
It was contended that the Federal Government and the tribes had criminal jurisdiction, but not the state.
This post was edited on 6/29/22 at 12:08 pm
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