Tribes Say High Court's Okla. Ruling Protects Monument
Law360 (July 27, 2020, 9:56 PM EDT) -- The U.S. Supreme Court's recent decision upholding the legitimacy of a large reservation in Oklahoma supports their position that President Donald Trump can't shrink the Bears Ears national monument in Utah, several Native American tribes told a Washington, D.C., federal judge Friday.
While the U.S. Department of Justice has argued Congress gave the president the power to create, modify and shrink national monuments, the tribes have argued Congress reserved for itself the power to reduce their size. And they said the high court's recent decision in McGirt v. Oklahoma, which held that the Muscogee (Creek) Nation's treaty lands are still a reservation...
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