This episode of Law & Chaos explores the 2020 Supreme Court decision in McGirt v. Oklahoma, which ruled that much of eastern Oklahoma remains the Muscogee (Creek) Nation reservation. The hosts analyze the legal history of the Creek people, including the 1856 Treaty and the fraudulent land allotment schemes of the late 19th century that stripped the tribe of its wealth and sovereignty. They discuss the procedural maneuvering that led to the case, the clash between textualist and contextualist judicial approaches, and the implications for criminal jurisdiction under the Major Crimes Act.
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