Did the United States Give Away Half of Oklahoma? | McGirt v. Oklahoma

Well, kind of. In episode 76 of Supreme Court Briefs, a pedophile and a murderer unwittingly cause Native Americans to gain more rights.
Produced by Matt Beat and Beat Productions, LLC. All images/video by Matt Beat, found in the public domain, or used under fair use guidelines. Music by @GunnarOlsenMusic.
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Here's an annotated script with footnotes: docs.google.com/document/d/1Y...
Check out cool primary sources here:
www.oyez.org/cases/2019/18-9526
Other sources used/referenced:
www.law.cornell.edu/supremeco...
www.enidnews.com/oklahoma/new...
2017-2021.state.gov/briefings...
harvardlawreview.org/print/vo...
www.bu.edu/bulawreview/files/...
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#supremecourtcases #supremecourtbriefs #supremecourt
McGirt v. Oklahoma was a huge win for Native American rights. Ever since, every Native American tribal citizen who had been convicted under state law for crimes committed on reservation lands could now seek a new trial in federal courts. Well, in Oklahoma, at least…for now. At the time of the McGirt decision, this applied to around 1,900 Oklahoma prisoners alone. More broadly speaking, the McGirt decision made it clear that around half of Oklahoma was NATIVE AMERICAN land, not Oklahoma land. This includes the state’s second-largest city, Tulsa. That’s a big freaking deal, folks.
Now, the McGirt decision was later somewhat weakened by the Supreme Court case Castro-Huerta v. Oklahoma of 2022. In that decision, the Court said non-tribal members could still be prosecuted for crimes in state and federal courts. Regardless, McGirt v. Oklahoma gave tribal sovereignty a huge boost.

[@iammrbeat]

Which Supreme Court case should I cover for this series next? Also, the McGirt decision is one of the 100 most important Supreme Court decisions in history(in my humble opinion) that I feature in my book! amzn.to/45u2HP8

[@ShieldX_Snowy]

BL vs Mahanoy

[@luisfilipe2023]

Already asked for it but I’ll ask it again since you’re covering recent cases Dobbs v Jackson

[@edwinmartinez7551]

New York v bruen very recent yes but important

[@alman666]

West Coast Hotel Co v Parrish! The famous switch in time that saved nine is perfect for the Briefs!

[@zachw566]

Pierce v Society of Sisters

[@crippledcow6012]

It's kinda crazy how these huge cases hardly make the news when they happen.

[@iammrbeat]

They do...but most media outlets choose to downplay them

[@iammrbeat]

Also, often media outlets don't yet truly understand the implications of these cases (I don't always either!)

[@billytompkins6633]

It made the news over here in UK

[@docmorrell]

It was all over the news in Texas when it happened.

[@MavetSomnus]

It was a big deal in Oklahoma but no one in the Union (expect Mr beat apparently) cares about us lol

[@lol-xs9wz]

>"1000 years + life" oh america, never change

[@iammrbeat]

lol yeah that's some sentence

[@lol-xs9wz]

@@iammrbeat I just think it's interesting that in America penalties are added to the total penalty. From where I come from, we use a vastly different system. Not trying to say that our system is better in any way.

[@Tbonedoesfsx]

These don't get as many views, but its always your best content

[@iammrbeat]

Well share it with all your friends! lol Seriously, though...thank you

[@SageArdor]

There's no question that what these two men did was absolutely abhorrent. But I'm a firm believer that even the worst criminals deserve constitutional rights, lest a dangerous precedent of picking and choosing who has rights be set.

[@briangc1972]

This has nothing to do with Constitutional rights because our Constitution does not apply on the reservations. This has everything to do with National Sovereignty. No different than crossing the border into Canada. Your US Constitution rights evaporate as soon as you pass the Welcome to Canada sign.

[@fcsuper]

@@briangc1972 This is wholly untrue. Reservations are Federal land in trust to particular tribes. All tribal members are citizens of the US and protected by the rights of the Constitution, in exactly the same manner as every other US citizen. How states laws apply to tribal members on tribal land is completely a gray area that's still being worked out in the Courts. However, a non-tribal member on tribal land is still protected by the US Constitution and is still under that State's laws as well. Heck, even crimes on tribal land by tribal a member against a non-tribal person are subject to that State's laws and not the laws of the Tribal land. Such a crime can and will be tried in State Court.

[@briangc1972]

@@fcsuper We have several reservations here in Arizona. They are all sovereign nations. It is a well known fact that visiting a reservation is no different than crossing the border to Mexico or Canada. They are sovereign and your US rights are diminished. When visiting other countries, you obey their rules. When visiting the Rez, you obey their rules.

[@fcsuper]

@@briangc1972 Have fun explaining that to the courts who have already ruled on these matters.

[@blondie7240]

too many rights, crime is getting out of control

[@TempleofSolomon]

Wouldn’t it be easier just to make the state of Sequoyah now? This decision will be a bureaucratic nightmare

[@iammrbeat]

It already has been a bureaucratic nightmare, to be honest

[@DiamondKingStudios]

I do not envy anyone presently working in the Tulsa city government.

[@innosam123]

@@iammrbeatIt will give the Republicans 2 extra senators and 3 extra electoral votes, so that’s another major complication. Maybe a future Republican administration decides that. 😂 It would probably be easier than making DC a state, at least.

[@danielgreenwood793]

@@innosam123 Rights shouldn't be determined by party affliation. If it could qualify for statehood than it should be allowed to be a state.

[@seanhartnett79]

@@innosam123 would it take 3 electoral votes from the state of Oklahoma.

[@toaolisi761]

WOW, this case really demonstrates the complexity of the court system.

[@iammrbeat]

Absolutely

[@savagemark9319]

Are you gonna cover the recent Navajo water rights case? Not necessarily a win for the tribe but coukd end up being important

[@iammrbeat]

I think it's a good idea since hardly anyone knows about it!

[@Practicalinvestments]

@@iammrbeatwhat about hamas?

[@RemnantCult]

Good decision. I agree with this. I hope we can increase the rights of tribes and help increase the quality of their life and land.

[@iammrbeat]

I agree with it as well

[@TheRealForgetfulElephant]

@@iammrbeatyou really support the US losing territory that it formerly had jurisdiction in? These native groups are about as productive as our government so I guess it’s no different there at least lol

[@jadentesai]

​@@TheRealForgetfulElephantwhen the territory isn't theirs, yes I do support it

[@TheRealForgetfulElephant]

@@jadentesai fair enough but I disagree, the natives were a weaker power and the colonists were a stronger power. If the roles had been reversed do you think there’d be European reservations? I don’t think so. Nature is mean but it is effective. When we act delusional like in this case it does nothing but damage our collective ability as a country. In this case that would be the destabilizing of parts of OK.

[@yeezuschrist420]

@@jadentesaiit is tho, don’t say we stole it, because we didn’t😂conquered fair and square. If you care so deeply for your land, maybe you should’ve done more to protect and keep it lol

[@AlexTangBang]

Should take a look at Court Cases related to Indian Child Welfare Act (ICWA). "Haaland v. Brackeen" (2023) & "Adoptive Couple v. Baby Girl" (2013) To continue on the theme of Native Americans and the Surpreme court. Also I enjoy your videos on the Supreme Court cases! Please make more, even if they are not related to the topics above. I know you have mentioned that it's a low rated/viewership for these surpreme court videos, BUT I think it's more important than ever to have these videos created as you give a perspective that is easy to digest for the laymen The videos you create are unlike some other videos I have seen as the other videos on the web I have seen are very lets say legalese more than straight to the point. Your videos are a good intro for people to get an idea of how "the supreme law of the land" is interpreted when applied to very controversial subject matter.

[@alonkatz4633]

To this day, Justice Gorsuch is likely one of the most pro-Native American Justices ever to sit on the court. It goes to show how important it is to have a Justice from the region (in this case, Colorado). With Christmas and Hanukkah right around the corner, I'd love to see a video about County of Allegheny v. ACLU. It's a pretty confusing case, but I believe it's an important step in defining the limits of religious speech by the government. Happy late Indigenous People's Day, everyone! Also, it's nice to see Justice Kavanaugh debuting in the show. He got it wrong this time, but he still had a really good point.

[@ichigokurosaki2725]

Also, how can you have separation of church and state, freedom of religion, and not bake a cake all under one law?

[@alonkatz4633]

​@@ichigokurosaki2725Different Justices...

[@Vote_Blue]

he's still on the bench illegitimately and should resign like a grown up. but he won't. he lied to get on the bench and now is legislating right wing agenda as an activist justice.

[@alonkatz4633]

​@@Vote_BlueBut then it would mean that Barret was okay. I'll take Gorsuch.

[@ichigokurosaki2725]

@@alonkatz4633 I am talking the amendments not Justices. Also, separation of church and state is not in the constitution, amendments, or law. The only place it was written was in a personal letter.

[@FredoRockwell]

Great video! You present these complicated issues so well. I can see how this will cause a lot of uncertainty in Oklahoma, but considering how many setbacks Native Americans have suffered for so long, it is heartening to see the US government finally stick to a treaty agreement in a situation that champions their cause.

[@iammrbeat]

Thanks Fredo!

[@ferretyluv]

This has actually caused a massive problem in Oklahoma. It means basically every single case has to be forwarded to federal court. It’s causing chaos.

[@FredoRockwell]

@@ferretyluv I don't doubt it. And I suspect it will cause chaos for many years to come. The seeds of the chaos are already sewn, though. The alternative is for the Federal Government and the Oklahoma government to continue ignoring the law and treaty rights, except this time do it knowingly (which would make it a conspiracy of sorts that is at the expense of a minority group). I think that would be a very big blow to the rule of law in the US.

[@peterlyon367]

The partial repeal of this ruling the next year shows the difference between a court split 5-4 ideologically and a court split 6-3 ideologically. In the 2020 case, it was the Liberals + Gorsuch. In the 2022 case it was the Liberals + Gorsuch, but Ruth Bader Ginsburg had been replaced by Amy Coney Barrett, so it split 5-4 the other direction. The case law had not changed, the composition of the court had. Gorsuch was mad they even heard the second case. He had a very fiery dissent.

[@iammrbeat]

Indeed. It's a shame that so many justices get trapped by ideology.

[@rubenzendejas8759]

I mean to be fair, you could never truly rely on RBG as pro tribal sovereignty. See City of Sherrill v. Oneida.

[@rfm0036]

Eastern Oklahoman here. This decision also opened up a lot of other issues for the state. For instance in order to have all bases covered we now have two types of police officers. Regular troopers then light-horsemen for Native Americans. It leads to situations where if a native commits a crime and the police apprehend him they have to wait for a light-horseman to arrive before they can arrest or cite the perpetrator. It’s expensive, inefficient, and promotes over-policing. I also have a former friend who is serving 20 years of federal time for murdering a Native American, whereas if it was anyone else it would have been a state sentence.

[@florinivan6907]

So basically more government bureaucracy overlapping on even simple matters.Encouraging even more conflict since state cops now feel little incentive to help out natives. Which will lead to more complaints on even the simplest of issues.

[@bria243]

One could argue that the state cops didn't want to help out the natives to start with, so this didn't really change anything.@@florinivan6907

[@dcoxsey]

That's not exactly true. 1) Tribal nations in Eastern Oklahoma have had police forces for a long time, so don't make it seem like a new thing. 2) Tribal nations have been working with most local and county police (or sheriff's) departments to cross deputize officers. So not in all instances do they have to wait for Tribal police to come and arrest someone.

[@rfm0036]

@@dcoxseyfair point but it still made it way more difficult for law enforcement to respond to situations.

[@iammrbeat]

Can't they streamline this?

[@donnyvike]

Hey! I suggested this! Thank you for for going over this and the subtleties regarding it.

[@DanielKolbin]

Well at least it was finally a big win for Native Americans

[@iammrbeat]

Mos def

[@basedblackbeard4456]

​@@iammrbeatAint that a rapper?

[@Kazillion-Jillionaire]

​@basedblackbeard4456 it means most definitely

[@fruitpigenthusiast120]

​@@Kazillion-JillionaireNo, I think he meant the rapper

[@DanielKolbin]

@@fruitpigenthusiast120 don't think so

[@lisamarines5971]

Awesome video mr beat my family are Muskogee Native Americans and they are from Oklahoma!

[@iammrbeat]

Awesome...my college roommate was Muskogee as well. He was from the city of Muskogee even lol

[@DiamondKingStudios]

⁠​⁠@@iammrbeatwhich probably meant his great-great-great-great-however many-grandparents lived before about 1830 in the area where I grew up, which is centered on Muscogee County, GA (we spell it with the “c” for some reason). I recently went to a stage production at the Springer Opera House in Columbus (which, incidentally, is coextensive with Muscogee County), and the back inside cover of the program contained a statement acknowledging the prior inhabitants of the land before the Treaty of Indian Springs of 1825 (which was negotiated by one chief acting independently from the rest of the nation, by my recollection) brought it under the state of Georgia, allowing for the creation of the city of Columbus and most surrounding towns. I was a bit surprised by the land acknowledgment, but it makes a bit of sense considering that Columbus/Muscogee County tends to vote Democratic (albeit narrowly) in elections, given its urbane and diverse population (probably less than 40% of folks there are listed as white). My home district (Georgia’s second; is split within Columbus) has even had the same Democratic congressman since 1993! Needless to say a land acknowledgment would certainly turn some heads coming from an institution based in the outlying counties, especially to the north (which tend to have more white people and higher average incomes), heck, even just from the affluent north of the city.

[@BigMonTingz1]

Lovely video Mr Beat, thank you for doing more videos on Native Americans! Cant wait to see more

[@Joshua_aka_Jesus]

Hi everyone and I hope everyone has a great day. This video is very interesting and I live in Oklahoma.

[@iammrbeat]

REPRESENT

[@geisaune793]

Yeah, I kind of vaguely noticed recently that on various digital maps you can suddenly see an outline around the entire eastern half of Oklahoma. I figured it probably had something to do with Native American Land but didn't think too deeply about it. Great vid!

[@Swedishmafia101MemeCorporation]

Which half of Oklahome do you want? Okla, or Homa?

[@iammrbeat]

lol

[@modjohnsenglishdisco]

Okla (people) Homa (red) in Choctaw, according to sde.ok.gov/sites/ok.gov.sde/files/documents/files/Tribes_of_OK_Education%20Guide_Choctaw_Nation.pdf

[@MatthewTheWanderer]

As someone who lives in Tulsa, Oklahoma, I definitely heard about this case. Despite what some people on the internet might claim, this really didn't change anything for the vast majority of people. It's only really about court jurisdictions and such. The only noticeable change has been that now Google Maps shows the boundaries of most of these "reservations" now (labeled as the Cherokee Nation, Chickasaw Nation, Choctaw Nation, Muscogee (Creek) Nation, Osage Reservation, and Seminole Nation). I happen to live right within the Muscogee (Creek) Nation, just next to the Cherokee Nation boundary. The most obvious difference between these areas is which tribe's name is on the casinos. Even though Native Americans tend to be worse off financially than other races, modern Oklahoma mostly tries to glorify their Native American heritage and history (hence "NATIVE AMERICA" on their license plates and Native American symbols on their flag; and 3 of our 5 House Reps claiming Native ancestry). Oklahoma's Native American history really sets it apart from most other states (especially its neighbors) and makes it kind of unique. And yes, we ARE taught about the Trail of Tears and the Tulsa Race Massacre in history class in public schools (or at least I was in Broken Arrow in the late 90s). They also have public memorials and museums dedicated to these tragedies and no evidence I can see of anyone trying to hide our ugly past, despite this being an extremely conservative solid Republican state (which I dislike).

[@sharmullins3894]

Awwww, why did you have to ruin it with the conservative jab after giving our state some nice facts. Maybe all those things you like are because the state is conservative leaning? Why be hating?

[@caseclosed9342]

If you don’t like it you can always move to a liberal state. Either way, as you have noticed we aren’t as divided as you think. People whine where I live in Florida about the banning of the College Board’s AA History class, but seem to ignore our schools still teach many of the same ideas in that class (including slaves developing skills they’d later use as freedmen) and more importantly our governor signed laws allowing the teaching of historical racial issues in the state like the Ocoee race riot.

[@DQABlack]

​@@sharmullins3894 as someone who lives in an area with a notable and high Native American population, the idea that the strength or prominence of the culture is because of the conservatives dominant in the area is laughable. If you were to give any credit to conservatives in the area, it would be to say that their behavior stokes the flames of resistance hotter than may be the case in other circumstances.

[@sharmullins3894]

What a load of nonsense. I'm Native and I don't know what in the world you're talking about. Maybe it's that way were you live, but not in my neck of the woods.

[@jfinity_362]

@@sharmullins3894 because the governor himself has gone to war with the tribes in court since he was elected. There has never been this much tension between native tribes and the governor of Oklahoma. Speaking as a native of OKC who resides in Tulsa. And former journalist in the state. There was a new appeal and knucklehead move from the governor to push the tribes to be more vocal.

[@newtfigton8795]

I remember when this case was on the news and so many people thought that the eastern half of Oklahoma became a separate territory.

[@harrycampb3ll]

amazing video. the covid 19 pastor reference was hilarious. in my senior year of political science undergrad, i still watch these videos so i can keep up in debates 💪

[@Gbrl.dvs96]

I’m a Choctaw native in eastern Oklahoma, on tribal land (Choctaw county), and I still have yet to understand how all of this works lol Edit: specifically, what happens if a non-tribal LEO pulls you over or tries to arrest you. I’ve heard they can; I’ve heard they can’t. Luckily I haven’t personally found out yet.

[@ProfessorDreamer]

Mr.Beat can you do a Top 10 Worst Laws Passed By The United States Government. Also can you do a Top 10 Worst Policies Enacted By The Government Of America Including The Senate.

[@iammrbeat]

I had already planned on it!

[@ProfessorDreamer]

@@iammrbeat awesome I didn't even need to ask. I'm looking forward to seeing both of them.

[@Jones25ful]

He should do it in a Chills voice

[@SiVlog1989]

There are a few laws I reckon would be there: Sedition Act of 1918, Emergency Quota Act of 1921, Smoot Hawley Tariff Act of 1929

[@kingace6186]

For policies, manifest destiny would be a great one to cover. On one hand, it's the bedrock of why there are 50 United States today. On the other hand, it was the justification given to colonize more land west at the cost of the Natives. Same with the Monroe Doctrine which is the centerpiece of American influence in Latin America.

[@ignacioruiz6196]

I love this series! Can’t wait for the next one!!! Greetings from Chile 🤝

[@mohamadmohseninejad5439]

you make great videos mr beat! greeting from iran❤

[@iammrbeat]

Thank you so much!

[@luismaningat5909]

Thank you Mr Beat! Really surprised of Gorsuch siding with Sotomayor and the gang!

[@TheFranchiseCA]

Gorsuch understands American Indian law better than the other Justices, right or left. It's a great illustration of why SCOTUS needs people with differing backgrounds, both personally and in their legal career. Finally having a former public defender is a very good thing.

[@slricksy]

Great video! Learning something new each day! Ty!

[@Slopbob]

Yeah same

[@jason23ja]

Mr. Beat is a good youtube history teacher. I like how he teaches us about USA

[@fo_x4219]

I love these series thank you mr best

[@iammrbeat]

Well thank YOU

[@DugrozReports]

I was thinking of this case just a day ago!!! And thought it would make a good briefs video!!!!!

[@andrewpritt8739]

All are equal it doesn't matter if it was a native on there land or a non native on there land they should get the same trial.

[@iammrbeat]

Why that sounds like the 14th Amendment

[@ahmedjama8307]

That would be great if all Americans received the same outcomes some get the “troubled adolescent-insane judgements” . Unfortunately some Americans receive a fairer trial compared to others.

[@mrsolarsun7174]

Can you do Penn Central Transportation Co. v. New York City next, as it literally saved New York City's Grand Central Terminal from being demolished.

[@luisfilipe2023]

My favorite series 😊

[@iammrbeat]

Well I'm glad you dig it!

[@devingiles6597]

Hey, Mr. Beat. You should cover Universal City Studios, Inc. v. Nintendo Co., Ltd in a future Supreme Court Briefs video. It was a case that Universal Pictures alleged that Nintendo's Donkey Kong was a trademark infringement of King Kong, both the plot and characters of which they claimed as their own. I want to know how it happened.

[@themaverickfan]

Love this series!!

[@iammrbeat]

I'm happy you do!

[@aintnoway686]

I would love to hear more cases involving Indian sovereignty

[@iammrbeat]

Did you see my Worcester v. Georgia video?

[@SylviaRustyFae]

3:18 Always remember that no matter how horrendous the person; they all have the same rights. Were Hitler a USA citizen livin on USA soil he wud have all the rights granted to any other such person; no matter how horrible a person he was We hold these rights to be INALIENABLE.

[@mathieuleader8601]

nice to have a case with the current composition of the court

[@griffinkeemer9313]

Such a great video

[@fuckboi_killa]

I had no idea almost half of Oklahoma is Res

[@iammrbeat]

Well technically they are sovereign nations.

[@justicedragon9920]

​@@iammrbeatit's the dumbest shit ever. This decision needs to be overturned, and all reservations given back to the us

[@Biga101011]

The best of intentions are sometimes pushed forward by the worst of people with the worst intentions.

[@GOODYGOODGOOD789]

0:23 That sounds like he certainly will get out soon.

[@iammrbeat]

Any millenium now

[@eg513]

Love ❤️ these !! Videos

[@tyler2827]

Strangely, when I typed in “Mr. Beat” into the KZbin search bar, I couldn’t find his channel. But when I intentionally misspelled it by typing in “Mr. Beet”, his channel popped right up. 🤷‍♂️ Update. His channel now shows up when you search for it with the correct spelling. That was weird before. Why am I commenting this and telling you all about the weird search glitch? That’s a good question.

[@jackyex]

It was a great video! Mr Beat do you have the intention of making anymore videos about Native Americans? I think a video about Nqtive Reservations would be very interesting.

[@hanseinarfuglum8858]

you have to appreciate the audacity to murder a man in cold blood and then argue that the case is being handled in the wrong building.

[@gableroubideaux-davis1613]

You should cover U.S. V. Washington. It was never argued in the Supreme Court but the Supreme Court confirmed the decision when it choose to deny the appeal and its the strongest court case we have when it comes to supporting tribal rights.

[@lephtovermeet]

They knew they weren't losing anything of value.

[@jimmyfogger6218]

My favorite videos thank you

[@itsnodawayitustabe5654]

It's funny watching all the maps gets updated now

[@noncreativeguy7284]

A bit of a weird one, but could you cover A.L.A. Schechter Poultry Corp. v. United States sometime?

[@mohamadmohseninejad5439]

do you think it would be a good idea to make a series about important state supreme court decisions like Goodridge v. Dept. of Public Health??

[@alonkatz4633]

Unfortunately, it's a state supreme court decision, not a U.S. Supreme Court, so I doubt it. But thanks for letting me know about it, it was an interesting read!

[@iammrbeat]

Perhaps?

[@alonkatz4633]

@@iammrbeat Yes, please

[@ethanbl45]

What would happen if a case like Mcgirts had reached its statue of limitations. Would they be allowed to retry him or would he have been freed?

[@marcm2277]

Not a lawyer, but I think the statute of limitations needs to pass before charges are filed to be relevant, not necessarily before the trial is over. Also, I'm pretty sure there's no statute of limitations on murder.

[@anttibjorklund1869]

Ah finally, another episode of my favourite series, "High Tribunal Underwear"!

[@jenniferdomingo1264]

You should do a livestream creating your failed vice presidential candidates.

[@chrisberry7640]

Not sure if you'll see this, but could you make a video about Huey Long? I think he's maybe the most interesting story in American political history

[@AstroTheFungus]

Mr Beat, are you planning to remake some of your old videos, such as the top 10 best/worst American presidents?

[@iammrbeat]

Absolutely

[@oscarturing8063]

I feel like the pothole approach (waiting until someone complains to look into it) isn't the best way to fix major glitches in the legal system.

[@seanhartnett79]

Yep

[@TRYtoHELPyou]

I'll be on board when they go from briefs to boxers..... Lettem duke it out

[@L333gok]

Why is it seen as problematic to have native Americans tried under state courts? Are there differently laws that apply to natives’ lands? Maybe state laws don’t apply there?

[@alberthoffman5297]

because reservations are treated as sovereign territory which can make their laws. so a state court enforcing state law on a sovereign reservation is a breach of that sovereignty

[@DiamondKingStudios]

Similar thing with military bases probably

[@L333gok]

@@alberthoffman5297 Interesting. Seems like they should be considered their own state, I guess.

[@alberthoffman5297]

@@L333gok the point of a reservation is that operate like one. they are an ethnic group thats been screwed over countless times. so they deserve their own say in how they run their reservation

[@stephenventura4075]

We’ll have to see how this one plays out over the years. Could make things quite confusing regarded crime in the cities in eastern OK

[@jasonmurray5823]

It already has made things confusing. It has been an absolute disaster, and tribal citizens have suffered the most from it.

[@devingiles6597]

Mr. Beat, can you please cover FCC v. Prometheus Radio Project in a future video?

[@moses4769]

Get up everyone! It's Supreme Court Briefs time!!!

[@alexanderwinn2896]

Good video.

[@mrrogersrabbit]

Reading Justice Gorsuch’s logic and way of thinking about the law is one why he’s my favorite sitting justice. This case in particular stands out in that regard.

[@Beaniebootransformershehe]

This is another one JURYYY COME HERE

[@briangc1972]

This is very simple. All the reservations are sovereign. Those of us who are not members of those tribes need to observe and respect their rules and the treaties the government made with them.

[@caseclosed9342]

When are you doing Janus v AFCSME?

[@carschmn]

The Crooked Media podcast “This Land” is a great overview of this case.

[@iammrbeat]

I will check it out

[@route2070]

Castro-Huerta v Oklahoma makes sense. It may depend on the tribe, but at least with some South Dakota reservations, if a non- native person is charged with a crime on a reservation, they would get sent to county for pre trial detention and all court hearings.

[@rubenzendejas8759]

So castro-Huerta only dealt with non-indian defendants against Indian victims. Typically those would be federal offenses. However, castro-Huerta established that states now have co-jurisdiction (despite the MANY years of suffering case law). Tribal courts and federal courts do not have and have not had jurisdiction over Non-Indian defendants with non-Indian victims.

[@DiamondKingStudios]

I wonder how the jurisdiction change is going to affect municipal operations for Tulsa. Could I still move there if I wanted to for some strange reason?

[@jasonmurray5823]

Their is a follow up case Hooper v. Tulsa that is working it’s way through the courts now. It will hopefully further limit McGirt.

[@jasonmurray5823]

But yes you could still move here regardless of you’re tribal citizenship status.

[@DiamondKingStudios]

@@jasonmurray5823 seeing that I’m about as white as it gets, that’s why I asked. I’m sure there’s more to this question.

[@everettatwater2939]

@@DiamondKingStudios there is lots of white people that pass as American Indians they are sometimes called "5% Indians"

[@idkytchl]

This was a wierd trial to learn about. The more i think about it the more i wonder if they made the right choice, because if the precedebt set is that native american land isnt part of the country(wich it seens to be inplying imo) then whats to stop then from splitting off, or trying to form a new state?

[@iammrbeat]

Then so be it

[@idkytchl]

@iammrbeat you know what honestly it would be pretty interesting wouldn't it

[@DiamondKingStudios]

Oh, there goes our *one hundred* senators, then. It was such a nice, clean number to have, and we had it going for the last sixty years lol But may as well let it happen; to keep the purity of number you’d have to merge the Dakotas, and the few people living there would object.

[@NoBody-lj5xh]

​@@scarlet_phonavis6734The Natives, nor their ancestors agreed willingly to become citizens of the republic, they were forced at gunpoint to become its subjects. Entirely different scenarios.

[@NoBody-lj5xh]

@@scarlet_phonavis6734 Wow you're daft.

[@bendi3768]

Really like to see a video about indian casinos and how the supeeme court made that possible

[@bcvetkov8534]

Honestly, I firmly believe Native Americans should have representation in Congress. Since, they're apart of the nation. If we have to try Native Americans in federal courts they should have federal representation.

[@justicedragon9920]

Are you stupid? They vote in elections too

[@wastheman3854]

Be on the lookout for when they decide Arizona v Navajo Nation

[@Malvagita]

00:23 I didn't realise New Zealand courts had jurisdiction in Oklahoma. The more you know! Edit: 1:07 Wrong court indeed!

[@dudu2727]

That was an unusual outcome indeed

[@iammrbeat]

What a twist!

[@brennan883]

I think it's important to note that Oklahoma's lawyers argued that the Muscogee Nation didn't exist anymore, so if they won, that reservation would've been totally dissolved, and likely so would the other big reservations in Oklahoma.

[@Crossark1]

I agree with the majority opinion in this instance. If this has “shaken things up” in Eastern Oklahoma, the US federal government should seek to renegotiate the terms of their treaties with the relevant tribal authorities, rather than trying to unilaterally undermine those treaties. The people being governed by these laws and treaties deserve to have a say in how there governed by them.

[@hrodriguez561]

0:09 hey that's less than a month before I was born

[@farhanatashiga3721]

I do wonder how these criminals keep themselves motivated to keep fighting in the courts even after 20+ years

[@briangc1972]

If you were sitting on death row and were afraid to die, you would be motivated as well. What else do they have to keep themselves occupied? The vast majority of them are better read and study the laws and legal system procedures better than the majority of lawyers.

[@gableroubideaux-davis1613]

McGirt actually did it only to push to the case back to the Supreme Court. He pled guilty to his crimes.

[@heramb575]

Wait how did Gorsuch vote on the case if he was on the 10th circuit decision too?

[@tornadokegan]

I am very curious why they haven’t split that up into 38 different states. I feel like that would make more sense.

[@cyrollan]

> brutally murders somebody >continually appeals for some reason

[@iammrbeat]

It was about staying alive

[@Sigma_Male_Anti_Female]

​@@iammrbeat He is still evil tbh.

[@alonkatz4633]

​@@Sigma_Male_Anti_FemaleHe's evil, but he's right

[@kingace6186]

The reason was the death penalty. LWOP is much more ethical than the death penalty. Evil or not.

[@alonkatz4633]

@@kingace6186 100% agree. There is virtually no reason to use the death penalty except sheer sadism.

[@jtgd]

1:09 so he never denied responsibility for the murder…

[@20thcenturytunes]

Living in Northern Michigan we have two tribal communities and the moment I heard how the case started (state folks involved) I knew that was the wrong foot to start on - Federal Government is always involved when the Tribal Nations are involved cause that soverign nation status - so yea I agree with the OK tribes. Controversial opinion: I do think that this system (tribal/reservation) should be phased out it has created two separate clases in America and allowed for widespread poverty and marginalization.

[@livejay9062]

Mr. Beat basically started rapping about Oklahoma City at 0:07- stopped, and then talked about a guy named "Jimcy McGirt." Big missed opportunity! Jimmy rhymes with MC, and McGirt has MC literally there already. I'm so mad about the dumbest things!

[@kekero540]

Bro got sealed away like a mythical creature

[@kendramillard564]

Neil Gorsuch is by far the most interesting justice on the current court. Very sharp and with - at least - sometimes independent views. He is also an outspoken advocate for native american rights, which is surprising for a Trump appointed justice.

[@sydhenderson6753]

Also a very good writer.

[@anthonyminimum]

0:24 THAT’S THE VIDEO, SEE YOU FOR THE NEXT CASE, JURY!

[@MegaTreeBark]

thanks for the content dog is does away wit my dumbdumb times ya dig?

[@richardhogenson594]

As a Cherokee Nation citizen I agree with the decisions.

[@prakharisfine2433]

full state was allocated to them after making them move from their homeland, half of the state is literally less than the bare minimum

[@brendanmoran57]

Time to find out just what Johnny Harris missed out on

[@iammrbeat]

Well, to be fair, there have been new developments

[@willowwright4638]

i think this was probably the correct decision. we have to disconnect ourselves from the nature of the crimes committed as, thats not what the case was about.

[@alanclark639]

Writing as Brit, I find American legal stuff slightly crazy - but nevertheless very interesting and rather like a rolling series of "It's Your Move Now" episodes. However; in these two cases - it seems they were bang to rights guilty so only a mental exercise for the eagles - and I expect, quite lucrative. I'd love to know the reason why the death row guy cut his victim's bits off - did he just have a thing about bloke's bits or did the victim do something unmentionable with them?

[@ironicdivinemandatestan4262]

Probably so they couldn't be identified in case the police had a rape kit.

[@PeterMichaels-hs4mb]

At some point you should make a video about the Tulsa massacre that happened in Oklahoma in the 1920's.

[@iammrbeat]

I have held off on this mostly since other channels have already done so well covering it.