Chipping Away at McGirt: SCOTUS Rules in Favor of State Sovereignty Artwork

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Briefly Legal

Chipping Away at McGirt: SCOTUS Rules in Favor of State Sovereignty

November 23, 2022 • Crowe & Dunlevy • Season 1 • Episode 45

On June 29, 2022, in Oklahoma v. Castro-Huerta, the U.S. Supreme Court held in a 5-4 decision that the state of Oklahoma had concurrent jurisdiction with the federal government to prosecute crimes committed by non-Indians against Indians in Indian Country. Indian Law & Gaming Practice Group Chair Mike McBride and associate Greg Buzzard discuss the importance of the change in composition to the Supreme Court between McGirt and Castro-Huerta, including the court’s decision to apply the Bracker balancing test for the first time in a criminal law case. They also examine the potential impact of the decision on states with considerably different Tribal jurisdictions and demographics to those in Oklahoma.

About Mike McBride and Greg Buzzard

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