The justices ruled 5-4, declaring that Congress never diminished or disestablished the land as a reservation.
, the case Gershengorn argued. That case involved Patrick Murphy, a member of the Muscogee Nation who is on death row for murder. The court sought to establish whether land within the 1866 territorial boundaries of the Creek Nation in eastern Oklahoma, formerly known as Indian Territory, could still be considered an Indian reservation. But the court failed to settle the case, with only eight justices participating in the deliberations.
Eventually, the case made its way to the Supreme Court, which heard oral arguments on May 11 via teleconference due to the coronavirus pandemic. Supreme Court Chief Justice John Roberts, along with Justices Samuel Alito, Brett Kavanaugh and Clarence Thomas, sided with the state. “In taking these transformative steps, Congress made no secret of its intentions. It created a commission tasked with extinguishing the Five Tribes’ territory and, in one report after another, explained that it was creating a homogenous population led by a common government,” he wrote.
In a joint statement, the State of Oklahoma, Muscogee , Cherokee, Chickasaw, Choctaw, and Seminole Nations said they will work together to move forward after the Supreme Court’s decision.
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