Analysis

Congressional Action On McGirt May Prove Risky For Tribes

Law360 (July 24, 2020, 6:21 PM EDT) -- A plan to enlist Congress to help settle the jurisdiction questions raised by the Muscogee (Creek) Nation's recent U.S. Supreme Court win risks weakening tribes' authority over their newly affirmed reservation lands in Oklahoma, and federal legislation might not be needed at all if tribes and the state take the time to hash things out themselves, experts say.

Oklahoma Attorney General Mike Hunter proposed a framework on July 16 for federal lawmakers to follow to resolve criminal and civil jurisdiction questions in the wake of the Supreme Court's decision in McGirt v. Oklahoma that the Creek reservation still exists and that state...

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