Justices call for more briefing in dispute about Oklahoma prosecutions of Native Americans

Now that the justices have had a few days to consider last week’s oral argument in Carpenter v Murphy, it appears that they are looking for creative ways to resolve the dispute. As explained in my earlier posts, the case as presented to the Supreme Court asked whether the reservation previously afforded the Creek Nation remained in place after Oklahoma’s statehood more than a century ago. The premise of the briefing was that if that reservation remained in place, then it would constitute “Indian country” within which Oklahoma would have no jurisdiction to prosecute criminal offenses committed by members of the tribe, such as capital-murder defendant Patrick Murphy. This afternoon the justices asked for briefing from the parties, the United States as amicus curiae supporting Oklahoma, and the Muscogee (Creek) Nation, as amicus curiae supporting Murphy, on two questions that seem to suggest a search for a new way to resolve the controversy. The first is…

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