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Tribal Authority

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Supreme Court Upholds Tulsa's Bar on Native American Traffic Laws
law-and-politics2 years ago

Supreme Court Upholds Tulsa's Bar on Native American Traffic Laws

The Supreme Court has rejected Tulsa's attempt to block a lower court ruling that questioned the city's authority to enforce municipal ordinances, including traffic laws, against Native Americans. The appeals court ruling, based on a 2020 Supreme Court decision expanding tribal authority in Oklahoma, stated that Tulsa no longer had exclusive jurisdiction to issue traffic citations to tribe members. The litigation will continue in lower courts, but Justice Brett Kavanaugh noted that the city may have alternative arguments. The 2020 ruling in McGirt v. Oklahoma designated large portions of eastern Oklahoma as Native American land, including Tulsa, marking a significant victory for tribes. The case involved a Choctaw Nation member contesting a traffic fine, arguing that the court lacked jurisdiction due to his Native American status. The city claimed authority under an 1898 law, but the appeals court ruled in favor of the tribal member.