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A.J. Ferate Notes SCOTUS Tribal Law Ruling Gives Way to “Brave New World”

July 17, 2020

Spencer Fane attorney A.J. Ferate was interviewed for an article in Law 360 discussing a recent Supreme Court decision effecting tribal rights.

Titled, “High Court No Longer A No-Go As Tribal Reservation OK’d,” the article details the impact of the Supreme Court decision in McGirt v. Oklahoma.

The Supreme Court ruled that the Creek tribe’s treaty lands in Oklahoma are still a reservation for the application of the Major Crimes Act and that plaintiff should been prosecuted by the federal government for crimes within the reservation.

What this comes down to is it revises the history of Oklahoma as we have understood it,” A.J. explained in the article. There has essentially been no view or belief that reservations have continued to exist over the last hundred years. We have not functioned in that way, nor have the tribes.”

To read the full article, please click here. Please note, a subscription may be required.