Marshall Project Profile of Post-McGirt Criminal Jurisdiction in Oklahoma

Here.

And, yes, we know the Marshall Project headline is inaccurate, but High Country News (publishing in tandem with M.P.) did it better: “How the Supreme Court upended a century of federal Indian law.

 

United Parcel Service Inc. v. New York Cert Petition

Here:

UPS Cert Petition

Appendix

New York Brief in Opposition

Questions presented:

1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Second Circuit materials here:

CA2 Opinion

UPS Brief

New York Opening Brief

UPS Reply

New York Reply

DCT materials here.

Nobles v. North Carolina Cert Petition

Here:

Appendix

Cert Petition

Questions presented:

The Major Crimes Act, 18 U.S.C. § 1153, grants the federal courts exclusive jurisdiction over listed offenses committed by an “Indian.”

The Questions Presented are:
I. How does one determine whether a defendant is an Indian?

II. Is Indian status a jury question?

Lower court materials here.

NCAI/NIWRC Amicus Briefs in Support of Federal Cert Petition in U.S. v. Cooley

Here:

NCAI Amicus Brief

NIWRC Amicus Brief

Cert petition here.

The Intercept: “Half of Oklahoma is ‘Indian Country’: What If All Native Treaties Were Upheld?”

Here.

This Land Podcast on McGirt Decision: “The Ruling”

Here.

WNYC The Takeaway: “Understanding the Supreme Court’s Ruling on Tribal Sovereignty in Eastern Oklahoma”

Here.

MPR on McGirt’s Impact on LTBB Reservation Boundaries Case

Here.

KOSU on McGirt

Here is “Tribes, Oklahoma Committed To Working Together On Matters Of Jurisdiction And Public Safety.”

Additional commentaries—

Julian Brace NoiseCat in the Atlantic: “The McGirt Case Is a Historic Win for Tribes.

NYTs: “For Oklahoma Tribe, Vindication at Long Last”

Here.