Friday, July 10, 2020

Nevertheless, The Creek Reservation Persists

Congress established a reservation for the Creek Nation.  An 1833 Treaty fixed borders for a "permanent home to the whole Creek Nation of Indians," 7 Stat. 418, and promised that the United States would "grant a patent, in fee simple, to the Creek nation of Indians for the [assigned] land" to continue "so long as they shall exist as a nation, and continue to occupy the country hereby assigned to them," id., at 419.  The patent formally issued in 1852.

Congress has since broken more than a few promises to the Tribe.  Nevertheless, the Creek Reservation persists today.

-- Supreme Court Justice Neil Gorsuch, writing for the majority in McGirt v Oklahoma, upholding an 1852 treaty and ruling that about half the land in Oklahoma remains part of Native American Reservations, 9 July 2020

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