Anoatubby cites 'finality' as US Supreme Court rejects 32 McGirt petitions

The U.S. Supreme Court on Monday rejected 32 petitions filed by Oklahoma Attorney General John O’Connor asking justices to revisit their 2020 decision that the Muscogee (Creek) Nation was never disestablished.

Chickasaw Nation Gov. Bill Anoatubby said the court’s action “establishes a new level of certainty and finality” to the decision in the McGirt v Oklahoma case and the related cases affirming five other reservations in Oklahoma.

The dismissal of the petitions followed the high court’s brief order on Friday saying it would not consider the state of Oklahoma’s arguments that the McGirt case should be reversed but would examine a narrow question of criminal jurisdiction in Indian country.

The state has filed several other petitions that the court has not acted upon, but a pattern has been set: Petitions only seeking the reversal of McGirt have been rejected, but the court has held onto those petitions that also raise the question of whether the state shares jurisdiction with the federal government in cases in which a non-Indian is accused of a crime against a Native American in Indian country.

More: Stitt again blasts McGirt ruling, saying Martin Luther King Jr. might be 'disgusted' by decision

There are at least five such cases before the court, including ones involving first- and second-degree murder committed by non-Indians.

Anoatubby said Monday, “This morning’s order establishes a new level of certainty and finality. It makes clear that our treaties and reservation continue in accord with the Constitution and other federal law. We will continue our work to make sure our communities are the strongest, healthiest, and most secure they can be. We are confident that together, we can overcome most any challenge we face, and we look forward to partnering with those who bring that same spirit to the task."

The court agreed Friday to hear the case of Victor Manuel Castro-Huerta, who was convicted in Tulsa County District Court of child neglect and sentenced to 35 years in prison. The Oklahoma Court of Criminal Appeals reversed his conviction because the victim was Cherokee and the crime occurred on the Cherokee reservation. The court rejected the state's argument that it has concurrent jurisdiction over non-Indians in cases involving Native American victims in Indian country.

The Supreme Court said it would hear oral arguments in April in the case. A decision may come sometime this summer.

More: Supreme Court lets McGirt stand, will address related question

Hill says state efforts 'unfruitful'

The high court in 2020 examined numerous treaties between the U.S. government and the Muscogee (Creek) Nation and bills approved by Congress before Oklahoma became a state in 1907 and ruled that the tribe’s reservation was never disestablished.

The 5-4 decision came in the case of convicted child rapist Jimcy McGirt, who argued that he was wrongly tried in state court because he is Native American and the crimes were committed on the Creek reservation.

The Oklahoma Court of Criminal Appeals, citing the McGirt decision, affirmed the Cherokee, Chickasaw, Choctaw, Quapaw and Seminole reservations last year, meaning most of eastern Oklahoma and some counties in central Oklahoma qualify as Indian country.

Under federal law, crimes involving Native Americans in Indian country must be prosecuted by federal or tribal courts. Since tribal courts have no jurisdiction over non-Indians, U.S. attorneys prosecute cases with non-Indian perpetrators and Native American victims in Indian country.

Gov. Kevin Stitt claims the McGirt decision has created chaos in Oklahoma and threatens the state’s taxation and regulatory authority. A federal judge ruled last month that, under McGirt, the state no longer has authority to regulate surface mining in eastern Oklahoma.

In a statement Friday, Stitt said the “fallout of the McGirt decision has been destructive” and that law enforcement had been “hamstrung” in half the state.

Muskogee Nation Principal Chief David Hill said Monday that the court’s rejection of 32 state petitions “should end the State of Oklahoma’s long, unfruitful campaign of litigation that has come at the cost of untold millions of taxpayer dollars and has diverted resources away from properly implementing the sovereignty ruling for the benefit of all who live and work in the Mvskoke Reservation.”

The petitions rejected involved cases that were overturned by the Oklahoma Court of Criminal Appeals in the wake of the McGirt decision, But federal or tribal prosecutors filed their own charges in the cases.

Anoatubby said, “The Chickasaw Nation executive, legislative and judicial departments have responsibly met our criminal justice duties. We have deepened our intergovernmental partnerships to protect public safety and maintain law and order. We will continue to do this work with the commitment to service we bring to all our efforts.”

This article originally appeared on Oklahoman: Anoatubby cites 'finality' as high court rejects 32 McGirt petitions