The OCCA reasoned that there was no reason why McGirt could not have raised his tribal sovereignty claim before; thus, he had waived that claim. According to McGirt, Congress has not issued any such clear and express statute with respect to Oklahoma, in stark contrast to other states like Kansas, North Dakota, and Iowa. Id. Because Congress has not said otherwise, we hold the government to its word. Brief of Amicus Curiae City of Tulsa, in Support of Respondent at 29–31. [16], The decision by the Supreme Court was seen as a significant win for Native American rights, which have generally been denied by courts in recent years. Id. Whether the prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries is subject to exclusive federal jurisdiction. See December 13, 2019 Order, McGirt v. Oklahoma, No. Id. That leaves offenders free to commit those or other crimes again, making communities less safe. Critics of the decision, such as Oklahoma Gov. Id. at 24–25. A group of Oklahoma politicians, together with the Chickasaw and Choctaw Nations (“Chickasaw and Choctaw Nations”), in support of McGirt, argue that reaffirming tribal sovereignty would reinforce a delicate system of governance between states and the tribal nations. Accordingly, the Muscogee (Creek) Nation itself, in support of McGirt, asserts that it retains a “paramount interest in maintaining law and order within its Reservation” that the Supreme Court should recognize. 18–9526. Because only eight Justices heard the case, it remained unresolved at the end of the 2018–2019 term; the Court had stated plans to hold another hearing on the case in the 2019–20 term but had not set a date. Both McGirt and the girl are enrolled members of the Seminole Nation. By signing up you agree to our Terms of Use and Privacy Policy, Interpretation of the news based on evidence, including data, as well as anticipating how events might unfold based on past events. Justice Gorsuch recused himself from participating in Murphy because of his previous involvement with the case while serving as a judge on the Tenth Circuit. Id. Also, notable according to Oklahoma was the grant of citizenship to all Native Americans living in the Indian Territory, making them legally indistinguishable from other citizens except for minor differences in property and tax rights. at 26. Indeed, the National Congress of American Indians Fund, in support of McGirt, asserts that non-tribal cities on tribal lands in states such as Arizona, New York, and Washington, have thrived in light of such unique sovereignty arrangements. Id. Despite high violent crime rates on tribal lands, prosecutors decline to prosecute these at high rates — even when law enforcement has investigated and identified a perpetrator. Brief for Petitioner, Jimcy McGirt at 19. at 43. Brief of Chickasaw and Choctaw Nations at 8, 10–13. Brief of Amici Curiae Environmental Federation of Oklahoma, Inc., et al., in Support of Respondent at 16, 30–31. McGirt’s lawyers argued the state had no jurisdiction because the crimes were committed on the MCN reservation, as established by an 1866 treaty.