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The Documentary Podcast

Tribal justice

The Documentary Podcast

BBC

Society & Culture, Documentary, Personal Journals

4.32.6K Ratings

🗓️ 29 November 2022

⏱️ 27 minutes

🧾️ Download transcript

Summary

The past few years have been the most politically turbulent for the State of Oklahoma and its Native American, or Indian, population in over a century. A Supreme Court ruling, McGirt v Oklahoma, in July 2020, reaffirmed treaties that have been in place since the early 19th Century. These treaties decreed much of eastern Oklahoma as reservation land, still belonging to the Native American communities who were forcibly moved there in the 19th Century. However an inevitable legal backlash followed the McGirt decision.

Transcript

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0:00.0

Welcome to Oklahoma, a state in the South Central United States.

0:06.2

Its name comes from the Choctaw word, Okla, meaning people and Hama, meaning red.

0:11.6

This is the land of the red people.

0:14.7

My name is Allison Errara.

0:17.0

I'm Selining, a tribe from the Central part of California.

0:20.8

I'm the Indigenous Affairs Reporter for a public radio station here and I've been covering

0:25.8

Oklahoma for six years, as tensions build over the fight for tribal sovereignty for Indigenous

0:31.5

people in the state.

0:35.6

In July of 2020, the U.S. Supreme Court ruled that about 40% of eastern Oklahoma is reservation

0:41.7

land for the purposes of criminal jurisdiction.

0:45.4

It meant the state no longer had the power to prosecute certain people accused of committing

0:50.8

felony crimes when they happened on Indian land.

0:54.4

And it promised to be the catalyst for a positive change for Native Americans fulfilling a promise

0:59.5

at the far end of the trail of tears, as Justice Neil Gorsuch wrote in his opinion on the case.

1:05.7

So to have the highest court in the land not only recognize that the Muscogee Creek

1:10.8

Nation's reservation was our reservation, but that it will continue to be forever more,

1:18.6

that was huge on a profoundly personal spiritual level.

1:23.3

Whatever before has a state woken up after more than a century and been told that half

1:28.6

of a modern day state is now a collection of Native American reservations.

1:33.2

It was a tremendous curveball for Oklahoma and is a completely unprecedented situation.

1:39.4

But two years later, another Supreme Court ruling is attempting to claw back at scope.

1:45.1

Tribal nations in Oklahoma and beyond argued that more than 200 years of legal precedence

...

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