SCOTUS Tribal Part II

[VikingsGuy]

Maybe I’m overthinking this but, so in a good portion of Oklahoma there is a group of people that no longer have to abide by state or local laws. This this correct?

Good luck getting the feds to take any DUIs, battery, theft, burglary, etc.

In theory, the tribal police would handle, but since they likely don't have the staffing they would typically contract with the state/county/local police to do for them. I believe Indians in Tulsa also want to live in a law-abiding society.

 

[madplume]

Maybe I’m overthinking this but, so in a good portion of Oklahoma there is a group of people that no longer have to abide by state or local laws. This this correct?

Good luck getting the feds to take any DUIs, battery, theft, burglary, etc.

It's not that simple. Some state laws still apply on reservations and sometimes are enforced by state law enforcement (such as highway patrol and speeding), many other laws are kept the same with tribes passing laws to match the state. An example is reservations/tribes are allowed to legalize recreational marijuana, but most have maintained in the same with their state.

 

[idahohuntr]

I don't see this ruling having any landmark implications...many of the headlines in the press are sensationalized, but feds have jurisdiction everywhere...a tribal member committing a crime within a reservation can't be tried by the State, could be tried by the Tribe or feds...not a big deal in my book, although I'm sure it leads to a lot of workload sorting out/re-trying cases etc.

The bigger implication, if there is one, is the pretty clear 5-4 support for Tribes and Treaty rights...Gorsuch has cemented that...at least for as long as the current court makeup exists...

 

[MTGomer]

I think the legal principle behind it is a good thing.

In the real world, it’s probably not going to work out so well.
How have the feds been doing with the countless cases of missing and murdered native women across the west?

 

[TheTone]

I think the legal principle behind it is a good thing.

In the real world, it’s probably not going to work out so well.
How have the feds been doing with the countless cases of missing and murdered native women across the west?

how much cooperation have they received from tribal members and tribal law enforcement in those cases? My guess is very, very little

 

[Sytes]

BIA LEO's have one of the most challenging "jobs" of nearly all LEO positions. I certainly avoid the slightest consideration for such a position. I do not envy them one bit... Hats off to them. What TheTone says is exactly right. Oil and water. Fed law and Tribal law. Oil and water. With rare exceptions... possibly.

 

[Irrelevant]

Based on the prosecution of fish & wildlife infractions by the local tribal council it appears to be even more corrupt than the approval of developments at the County Planning dept (the other clearly corrupt entity). I know a lot of people like to think and talk like the Tribes want to the same things I the State would from a legal and enforcement standpoint, but even assuming that is true, which I don't think it is, their execution is terrible. Very few crimes are thoroughly investigated and tried. Their culture has an entirely different set of customs, rules, and beliefs regarding right and wrong, and while there is overlap it is not nearly as defined as the States.

 

[Sytes]

Any Montana residents recall this incident With FWP Warden and Fort Belknap Tribal LEO's? They detained him. Set up to seize the FWP Gov't vehicle, etc... Talk about tensions...

Assiniboine and Gros Ventre Tribes have been involved in hotly debated territory. Theirs? I don't know though, McGirt v Oklahoma and Gorsuch's opinions related to more than just Oklahoma open up questions over territory throughout the U.S.
The similar setting of "Checkerboard Land" is relative to their claim over land throughout the area. Timber Ridge Road, Blaine County Road.
This is one small example.

 

[Sytes]

Quality article... from The Atlantic, of all media sources. (Note: first portion unrelated to the topic though related to Gorsuch's general method. Second portion directly relates to the topic)

Justice Gorsuch’s Legal Philosophy Has a Precedent Problem

How should a textualist deal with bad case law?

www.theatlantic.com