Understanding McGirt v. Oklahoma: The Enduring Power of Treaties

In McGirt v. Oklahoma (2020), the U.S. Supreme Court ruled that the federal government, not the State of Oklahoma, is responsible for investigating and prosecuting Native American tribal members accused of committing major crimes in roughly one-third of the state, including Tulsa. Perhaps not since U.S. v. Booker (2005), which struck down the mandatory Federal Sentencing Guidelines as violating the Sixth Amendment right to trial by jury, has a decision by the Court triggered such a massive restructuring of criminal justice priorities among federal, state, and tribal governments. In this program, Mr. Eid, a former U.S. Attorney for Colorado appointed by President George W. Bush, and the Chair of the Indian Law and Order Commission under President Barack Obama, will discuss McGirt and its aftermath.   

 
Learning Objectives:

1. Review the facts and holding in McGirt v. Oklahoma

2. Analyze the implications of the opinion on federal law

3. Discuss key takeaways for practitioners