all 12 comments

[–][deleted] 4 insightful - 2 fun4 insightful - 1 fun5 insightful - 2 fun -  (1 child)

From what I've read this was based on the legal defence of a man that raped a 4 year old child. Just, how? How does that even make it to appeal? Let alone the supreme court. Too many woke judges that can't see the wood for the trees.

[–]africant 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (0 children)

sure they can, they're child rapists too

[–][deleted] 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (8 children)

What's going to happen to the people who live there who aren't local Amerindians?

[–]RasputinsDong 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (0 children)

Well #1 thing is their property values are about to absolutely tank.

[–]Vigte[S] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (1 child)

I have absolutely no idea... that was my first question too. This really came out of no-where so I'm sure it hasn't been thought through very well.

I found this semi-coherent explaination on chokes on vomit reddit.

The immediate consequences are limited to prosecution of major crimes involving Native Americans (either as criminal or victim); those are now a federal matter rather than a state matter, overturning a number of state court convictions that now need to be retried, including McGirt and Murphy (the two cases that made it to the Supreme Court).

The longer term consequences are more complex, but no-one's getting kicked off their current property and it's a matter for the tribes and Oklahoma to negotiate.

[–][deleted] 3 insightful - 2 fun3 insightful - 1 fun4 insightful - 2 fun -  (0 children)

Thanks. I didn't want to read the NYT...

That actually doesn't sound necessarily super horrible and disruptive. I guess we'll see how it plays out though.

[–]magnora7 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (4 children)

I don't know much about it, but from what I understand the two systems will mesh. Basically if you're native american you live by tribal law rules, but if you're just american then everything carries on as normal. So I think it just frees Native Americans up in that area to live by their own rules.

But there's a lot more details to how it works, I'm sure.

[–]slushpilot 5 insightful - 1 fun5 insightful - 0 fun6 insightful - 1 fun -  (0 children)

You can't have two sets of laws over the same jurisdiction, applied differently to different people... or is this Oklahoma asking us to hold their beer?

If the cowboy shoots an indian, or the indian shoots a cowboy, whose laws apply?

[–][deleted] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (2 children)

Basically if you're native american you live by tribal law rules, but if you're just american then everything carries on as normal.

That basically throws out the most basic rule of law, that everyone is equal in the eyes of the law. They've created a privileged class, who may well be able to rape, murder and steal with no consequences.

[–]magnora7 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

who may well be able to rape, murder and steal with no consequences.

Uh, I'm pretty sure the tribal laws also has rules against murder and rape...

[–][deleted] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

Well this guy raped a 4 year old and took the case to the supreme court in the hopes of better judgement from his tribe, so maybe not.

[–]GaiusHelenMohiam 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

Criminal jurisdiction on reservations is a mess. States have jurisdiction over non-Indians. Tribal court does minor crimes among Indians. Federal for crimes involving both, and major intra-Indian crimes. But often the feds lack either the resources or the interest to prosecute. Crime runs rampant. Hopefully this will lead to that getting fixed.