that land reserved for the Creek Nation in Eastern Oklahoma is legally a reservation or “ Indian country ,” and prior allotment of that land ( dividing it up among different owners who may or may not be tribal citizens ) did not disestablish that reservation . At the same time , the court affirmed the 10th Circuit Court ’ s 2017 Murphy decision based on the reasons stated in the McGirt opinion . Lindsay Robertson , an OU College of Law professor and the Chickasaw Nation Endowed Chair in Native American Law , whose numerous courses include federal Indian law , explained that in the McGirt and Murphy decisions , reservation boundaries have been recognized both by the Supreme Court and the Oklahoma Court of Criminal Appeals .
“ That means it ’ s Indian Country , at least for purposes of the Major Crimes Act ,” Robertson said .
An Influx of Work for the Tribes Cottrell , a citizen of the Cherokee Nation , explained that this outcome has not created new power or new sovereign rights for tribes , rather it has provided additional confidence to the tribes about “ when , where , how and why they can assert those inherent sovereign rights .” Both Robertson and Cottrell discussed how the outcome has also led to additional work for tribal courts and law enforcement .
“ Most tribes were going from a handful of criminal cases each month to triple digits almost overnight . Trying to house [ additional ] prisoners , new investigations , prosecution , judges , juries , clerks , administrators , court space — all of that is very expensive ,” Cottrell said .
Supreme Court decisions can be both narrow and broad at the same time .
Robertson explained that while the actual McGirt case was narrowly focused concerning criminal jurisdiction of one tribe – the Creek ( Muscogee ), the outcome has been applicable far beyond the Creek Nation . Since the ruling , there have been five follow-up cases in Oklahoma in which these tribes have had their reservations recognized anew : Cherokee , Chickasaw , Choctaw , Seminole and Quapaw .
“ What this means , concerning criminal jurisdiction , is increased responsibilities for criminal defense prosecution and investigation responsibilities that shifted as a practical matter from the state to the tribes and the federal government . All the tribes
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