SCOTUS Grants Cert To Narrow, But Not Overrule McGirt

Oklahoma had asked Justice Barrett in August to overrule McGirt. It’s not so. It was a petition asking the Court to overturn the 2020 precedent. In reality, ACB would have voted against the 5-to-4 ruling.

The Court rejected the request five months later. The Court instead granted cert to a question which could restrict the scope of McGirt. Today’s orders: Oklahoma v. Castro-Huerta:

A petition to revoke certiorari has been granted for only Question 1. In the April 2022 argument session, argument will take place. The petitioner must file a brief on merits on Monday, February 28, 2022. The respondent must file a brief on merits on Monday, March 28th 2022. You must file a reply brief in compliance with Rule 25.3.

These were the questions asked in the petition.

1. How a State can prosecute non-Indians who have committed crimes against Indians living in Indian Country.

2. It doesn’t matter if McGirt v. Oklahoma140 S. Ct. 2452, 2020 should be ignored.

The second question is answered. The first question is still in.

If the Court could make a prediction, it would be that McGirtIt is only applicable in cases when there are. BothAn Indian defendant and an Indian victim. This should reduce the potential for instability. McGirt. Justice Gorsuch might even support that decision. However, the Justices are not required to fight yet another stare decisis. The Court again limits the Court’s ability to limit questions that are presented in moderation.

The past days have shown me something about the Supreme Court. Perhaps Oklahoma made a mistake by Ask!The Court will overrule McGirt. It might have been easier to say “It worked!” Please suggestTo reverse this precedent in some way. It is well-known that Chief Justice Roberts favors subtle techniques of persuasion. That’s what I heard over the radio.

Keep checking for April’s oral argument.