U.S. Supreme Court to weigh limits on its own Oklahoma tribal ruling

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The U.S. Supreme Court on Friday agreed to consider limiting the scope of its own 2020 ruling that greatly expanded Native American tribal authority in Oklahoma in a case involving a man convicted of child neglect.

The United States Supreme Court in Washington, U.S., May 17, 2021. REUTERS/Evelyn Hockstein/File PhotoWASHINGTON, Jan 21 - The U.S. Supreme Court on Friday agreed to consider limiting the scope of its ownthat greatly expanded Native American tribal authority in Oklahoma in a case involving a man convicted of child neglect.

The 2020 ruling in a case called McGirt v. Oklahoma recognized about half of Oklahoma - much of the eastern part of the state - as Native American reservation land beyond the jurisdiction of state authorities.The Supreme Court said it would not consider Oklahoma's request that it overturn the McGirt ruling. In its appeal, Oklahoma has asked the justices to rule that non-Native Americans who commit crimes on Native American land against Native Americans should remain under state jurisdiction.

In the state court case, Castro-Huerta was convicted of neglecting his 5-year-old stepdaughter, who has cerebral palsy and is legally blind. He was sentenced to 35 years in prison. A win for Oklahoma would "not alleviate all of McGirt's harmful consequences in our state," O'Connor said in a statement, referring to the 2020 ruling. But, O'Connor added, it would "guarantee Indian victims the same protection and justice that other Oklahomans enjoy."In a court filing urging the justices not to hear Oklahoma's appeal, the Cherokee Nation downplayed the state's suggestion that the McGirt ruling created chaos in the legal system.

 

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U.S. Supreme Court to weigh limits on its own Oklahoma tribal rulingWASHINGTON (Reuters) -The U.S. Supreme Court on Friday agreed to consider limiting the scope of its own 2020 ruling https://www.reuters.com/article/us-usa-court-oklahoma/u-s-supreme-court-deems-half-of-oklahoma-a-native-american-reservation-idUSKBN24A268 that greatly expanded Native American tribal authority in Oklahoma in a case involving a man convicted of child neglect. The justices took up the state's appeal in a case involving a man named Victor Castro-Huerta, a non-Native American whose crime was committed against a Native American child on the Cherokee Nation reservation. A state court threw out his conviction, saying the Supreme Court's 2020 ruling deprived Oklahoma authorities of jurisdiction in Castro-Huerta's case.
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