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February 09, 2021 Gavel Talks | Season 3 - Episode 4

McGirt v. Oklahoma: Is SCOTUS' parting shot an earthquake for federal and tribal courts?

Featuring the Hon. T. Luke Barteaux, Tulsa, OK

Hosted by the Hon. Richard Ginkowski

The United States Supreme Court ended its 2019-2020 term on July 9, 2020 with a 5-4 decision in McGirt v. Oklahoma that was initially seen as a reaffirmation of 19th century treaty rights.  The case involved a Native American convicted in state court of three serious sexual crimes who successfully argued that his crimes were committed on lands that were designated as part of the Creek nation and, as an enrolled member of the Seminole Nation, he should have been tried in federal court. The opinion by Justice Gorsuch could not only strain federal and tribal resources but have ramifications far beyond Oklahoma and in other than criminal cases.  Cherokee Nation District Judge T. Luke Barteaux walks us through this landmark case and what it could mean.