The U.S. Supreme Court issued its decision Wednesday on the Oklahoma v. Castro-Huerta case which makes way for the State of Oklahoma to prosecute crimes by non-Indians committed on tribal reservation territory. In effect, this decision limits the earlier McGirt decision which led to a major change in law enforcement jurisdiction between the state, tribes with reservations which were never disestablished by Congress, and federal law enforcement.
Governor Kevin Stitt is calling the decision a victory for crime victims in Oklahoma.
“Today’s ruling is a clear victory for all four million Oklahomans, the state of Oklahoma, and the rule of law. I am heartened that the Supreme Court ruled in our favor, allowing Oklahoma to prosecute non-Natives who violate the law and protect Native victims. Since the Court’s 2020 McGirt decision, federal prosecutors have declined thousands of cases like Castro-Huerta, a non-Native who monstrously abused his 5-year old Native stepdaughter. Justice has been delayed and denied to thousands of Native victims in our state for no reason other than their race. Now Oklahoma law enforcement can help uphold and enforce the law equally, as we have done for over a century.
“This is a pivotal moment. For two years, as a fourth generation Oklahoman, member of the Cherokees, and Governor of the state of Oklahoma, I have been fighting for equal protection under the law for all citizens. Today our efforts proved worthwhile and the Court upheld that Indian country is part of a State, not separate from it. I look forward to working with leaders across the state to join our efforts in combatting the criminal-justice crisis in Oklahoma following McGirt,” said Stitt in a statement on Wednesday after the decision was made public.
The Choctaw Nation is one of the tribes impacted by the Castro-Huerta decision. Chief Gary Batton while the decision does limit McGirt, the basis of the original decision is still intact.
“We are disappointed in this ruling, but we respect the authority of the Supreme Court, and we will integrate its decision into our continued efforts to provide effective criminal justice in our reservation. As always, we will continue to work with law enforcement agencies at the federal, state, local and tribal level.
“To be clear, this ruling does not affect the main holding of the McGirt decision, which affirmed tribal sovereignty and requires the United States to uphold its treaty obligations,” he said. “Our focus remains on protecting our members, as well as all 4 million Oklahoma residents,” Batton said.
