Supreme Court Sets Date With Oklahoma To Respond To Over 40 McGirt Appeals | State and regional news

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“So there is an interpretive requirement that these ambiguities be resolved in favor of the tribes,” Goldberg said.

Supporters of the state cause are pointing to the death of Associate Justice Ruth Bader Ginsberg and the appointment of Amy Coney Barrett to court since the McGirt ruling as a possible route of overthrow.

Ginsberg was part of the narrow 5-4 majority in the McGirt decision.

Limits after revocation of convictions

The state, in its petition to the Supreme Court, argues that McGirt was badly decided.

“By ignoring historical evidence of the original public significance of the statutes passed by Congress, the Court not only challenged precedent; he was also blinded to the real importance of congressional legislation, ”the state wrote.

The state says the problems caused by the “seismic change in jurisdiction have impacted all aspects of life in Oklahoma.”

The main claim by opponents of McGirt is that it could lead to the release of violent criminals from state prison with federal and tribal courts unable to prosecute them for a variety of reasons.

As an example, the state cites the case of Richard Ray Roth, who was convicted of manslaughter by a state court and sentenced to 19 years in prison for the death on the Wagoner County roads in 2013 by Billy Jack Chuculate Lord, 12 years old.

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