Early on, Sarah Deer — a Muscogee Nation citizen, University Distinguished Professor at the University of Kansas and an expert in Indian law — thought the decision that ruled the Muscogee Nation’s reservation was never disestablished should be called the Mvskoke Reservation decision. That way, it would draw attention away from Jimcy McGirt, a sexual predator whose name will forever be associated with this landmark decision about tribal sovereignty.
“Consider if Jimcy McGirt lost his case, and the Court had decided to judicially dis-establish the Mvskoke reservation,” said Deer to KOSU. “If the MCN tried to file appeals to overturn the decision less than two years later, I’m sure the state of Oklahoma would have been the first to say that the case has already been litigated.”
Deer was one of the legal experts to talk to KOSU about McGirt v. Oklahoma. She co-authored an amicus brief in this case and is an expert in tribal criminal law. In 2014, she was named a MacArthur Fellow. She says all crime stories are ghastly, whether they deal with questions of jurisdiction or not.
“To exploit the stories of victims to score political or judicial points is more than concerning,” said Deer. “The energy and money being spent in fighting the case could be better directed to victim services across Oklahoma.”
Indeed, Deer has done just that. She advocated for the Tribal Law and Order Act which expanded sentencing of violent offenders in tribal courts from one year to three, and she has been a proponent of the Violence Against Women Act, which has yet to be reauthorized.
On Friday, Jan. 7, the U.S. Supreme Court will decide whether to re-hear McGirt v. Oklahoma or deny the state’s petitions. This decision will have a profound effect on the six tribal nations who have had their reservation ruled never disestablished, which includes the Quapaw Nation in northeastern Oklahoma.
If you want to know more about this case, what tribal nations are saying about it and what the state has to say, below is a brief timeline of key events.
April 2019
July 2020
October 2020
November 2020
March 2021
April 2021
May 2021
July 2021
August 2021
September 2021
October 2021
November 2021
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