Oklahoma’s seven-member congressional delegation said in a joint statement that they are committed to tribal sovereignty as they work toward legislation aimed at clarifying the “many legal questions” that remain following a landmark Supreme Court decision this month.
The word of their support comes as leaders of two of five tribes believed to have a stake in the matter have indicated that they don’t think any legislation is necessarily warranted.
The five U.S. House and two U.S. Senate members said in the joint statement: “We look forward to working with the Tribal Nations, the state and all stakeholders, to develop a legislative framework that honors tribal sovereignty and gives consistency and predictability to all those living and working in Oklahoma.”
The statement continued: “While there are valid questions and concerns that have caused confusion for individuals, business and law enforcement, we expect federal legislation to provide greater clarity for everyone.”
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Whether all the tribes are ready to work with Congress is another matter.
The joint statement is in response to a July 9 U.S. Supreme Court decision in a criminal case that said, for purposes of deciding jurisdiction in major crimes involving Native Americans, the 1860s-era boundaries of the Muscogee (Creek) Nation reservation were never disestablished by Congress.
The ruling means Jimcy McGirt, who was sentenced in Wagoner County District Court to life without parole and two 500-year sentences for sex crimes against a minor, should have been tried in federal court. The ruling essentially reclassified an area covering 11 counties, including much of Tulsa, as a Muscogee (Creek) Nation reservation.
The court decision already has set off a series of changes, including prompting state prosecutors to dismiss some pending criminal cases with federal prosecutors refiling them in U.S. District Court.
It has also caused others convicted in state court to ask that their state criminal convictions be thrown out on jurisdictional grounds.
Others have speculated that the Supreme Court ruling may extend to civil matters, although that would have to be litigated or clarified through federal legislation.
The Supreme Court decision was answered Thursday with Oklahoma Attorney General Mike Hunter announcing that his office had reached an agreement-in-principle with the five tribes believed to be affected by the case.
Leaders of the Muscogee (Creek) and Seminole nations later said they oppose the agreement, adding that they did not believe further legislation was warranted.
The guidelines in the agreement include a call for legislation that would roll back criminal jurisdictions to the practice prior to the ruling.
Leaders of the Cherokee, Chickasaw and Choctaw Nations, meanwhile, have indicated that they believe all five tribes should be involved in the negotiations with Congress and the state attorney general.
Gov. Kevin Stitt on Monday announced the formation of a state commission to make recommendations to the congressional delegation regarding any law aimed at clarifying the McGirt decision.
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