Robert J. Miller & Torey Dolan, The Indian Law Bombshell: McGirt v. Oklahoma, 101
B.U. L. Rev. 2049 (December 2021).
Abstract
On July 9, 2020, the United States Supreme Court held by afive-four vote that
the borders of the 1866 Muscogee (Creek) Nation Reservation in Oklahoma
remain intact. The decision landed like a bombshell. Overnight, the Muscogee
(Creek) Reservation was reaffirmed and recognized as covering 3.25 million
acres. The entire area is once again recognized as "Indian Country," as defined
by federal law. One million Oklahomans discovered that they now live on an
Indian reservation, including 400,000 people in the city of Tulsa. The United
States, Oklahoma, and Oklahomans will now have to deal with numerous and
complex issues involving Muscogee (Creek) Nation jurisdiction over an
enormously larger expanse of land and population than was previously
assumed. This case has crucially important implications that will involve the
Muscogee (Creek) Nation, other tribes in Oklahoma, and tribes across the
country in future negotiations, lawsuits, and perhaps legislative efforts to
address the issues that will arise. McGirt v. Oklahoma is likely the most
significant Indian law case in well over 100 years. In this Article, we examine
McGirt in-depth and we then focus our attention on its future ramifications for
the Muscogee (Creek) Nation, federal Indian law, the United States, Indian
nations in Oklahoma, the State of Oklahoma, and Indian nations and peoples
across the country
