"nothing we might say today could unsettle Oklahoma’s authority to try non-Indians for crimes against nonIndians on the lands in question"
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U S Attorneys offices for the Northern & Eastern Districts of Oklahoma gonna have a lighter load once they finish processing the immediate outcome of McGirt.
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1) Ha and 2) this Gorsuch guy is going to make everyone a lot more careful with their words if they are supposed to mean... the stuff they mean.
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Gorsuch's textualism is hard core stuff.
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Amazing!
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Did he forget about a little thing called the Civil War? The 1866 Reconstruction treaties with the Five Civilized Tribes? The agreements that led to the Dawes Commission and allotment? Jackson's treaty was broken by the Creeks in 1861.
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Well, solem v. bartlett established that only congress has the authority to disestablish native reservations, so even if "Jackson's treaty was broken by the creeks in 1861", it's not like the Creek had the authority to end their reservation.
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Unless we’re talking about Congress updating Title VII, of course.
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