McGirt v. Oklahoma
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-9526 | Okla. Crim. App. | May 11, 2020 | Jul 9, 2020 | 5-4 | Gorsuch | OT 2019 |
Holding: For purposes of the Major Crimes Act, land throughout much of eastern Oklahoma reserved for the Creek Nation since the 19th century remains a Native American territory.
Judgment: Reversed, 5-4, in an opinion by Justice Gorsuch on July 9, 2020. Justice Roberts filed a dissenting opinion, in which Justices Alito and Kavanaugh joined, and in which Justice Thomas joined except as to footnote 9. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Invisible majorities: Counting to nine votes in per curiam cases (Josh Blackman, July 23, 2020)
- Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma (Ronald Mann, July 9, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, July 9, 2020)
- Educational seminar: Debrief of McGirt v. Oklahoma (Katie Bart, May 12, 2020)
- Argument analysis: For the second time in two terms, justices consider reservation status of eastern Oklahoma (Ronald Mann, May 12, 2020)
- Educational seminar: Preview of McGirt v. Oklahoma (Katie Bart, May 7, 2020)
- Argument preview: Justices to hear second set of arguments on reservation status of eastern Oklahoma (Ronald Mann, April 30, 2020)
- Court sets cases for May telephone arguments, will make live audio available (Amy Howe, April 13, 2020)
- Court releases April calendar (Amy Howe, February 21, 2020)
- Justices to take up battle over Trump financial documents (Amy Howe, December 13, 2019)
- Relist Watch (John Elwood, December 10, 2019)
- Relist Watch (John Elwood, December 5, 2019)
- Relist Watch (John Elwood, November 19, 2019)
- Relist Watch (John Elwood, November 14, 2019)
- Relist Watch (John Elwood, November 6, 2019)
- Relist Watch (John Elwood, October 29, 2019)
- The return of Relist Watch Select (John Elwood, October 17, 2019)
- Relist Watch (John Elwood, October 9, 2019)
| Date | Proceedings and Orders |
|---|---|
| 04/17/2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019) |
| 07/08/2019 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| 07/18/2019 | DISTRIBUTED for Conference of 10/1/2019. |
| 07/19/2019 | Response Requested. (Due August 19, 2019) |
| 08/19/2019 | Brief of respondent Oklahoma in opposition filed. |
| 09/05/2019 | DISTRIBUTED for Conference of 10/1/2019. |
| 10/07/2019 | DISTRIBUTED for Conference of 10/11/2019. |
| 10/15/2019 | DISTRIBUTED for Conference of 10/18/2019. |
| 10/28/2019 | DISTRIBUTED for Conference of 11/1/2019. |
| 11/04/2019 | DISTRIBUTED for Conference of 11/8/2019. |
| 11/12/2019 | DISTRIBUTED for Conference of 11/15/2019. |
| 11/18/2019 | DISTRIBUTED for Conference of 11/22/2019. |
| 12/02/2019 | DISTRIBUTED for Conference of 12/6/2019. |
| 12/09/2019 | DISTRIBUTED for Conference of 12/13/2019. |
| 12/13/2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 12/13/2019 | Letter regarding appearance of counsel filed. |
| 12/16/2019 | Motion to appoint counsel filed by petitioner Jimcy McGirt. |
| 01/03/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 01/07/2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 4, 2020. The time to file respondent's brief on the merits is extended to and including March 13, 2020. |
| 01/08/2020 | Motion to appoint counsel DISTRIBUTED for Conference of 1/24/2020. |
| 01/17/2020 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| 01/21/2020 | Blanket Consent filed by Respondent, Oklahoma |
| 01/27/2020 | Motion to appoint counsel GRANTED, and Ian H. Gershengorn, Esq., of Washington, D.C., is appointed to serve as counsel for petitioner. |
| 01/27/2020 | Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit, submitted to Justice Sotomayor. |
| 01/27/2020 | Motion to dispense with printing the joint appendix filed by petitioner Jimcy McGirt. |
| 02/04/2020 | Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit is granted by Justice Sotomayor provided that the briefs do not exceed 11,000 words each. |
| 02/04/2020 | Brief of petitioner Jimcy McGirt filed (with separate appendix). |
| 02/11/2020 | Brief amici curiae of Tom Cole, et al. filed. |
| 02/11/2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| 02/11/2020 | Brief amici curiae of Former United States Attorneys Troy A. Eid, et al. filed. |
| 02/11/2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 02/11/2020 | Brief amicus curiae of National Congress of American Indians Fund filed. |
| 02/11/2020 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| 02/11/2020 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| 02/21/2020 | SET FOR ARGUMENT on Tuesday, April 21, 2020. |
| 02/24/2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 02/26/2020 | Record requested from the Court of Criminal Appeals of Oklahoma.. |
| 02/26/2020 | The record received from the Court of Criminal Appeals of Oklahoma, the record has been electronically filed. |
| 03/09/2020 | Record received from the U.S.D.C. Wagoner County of Oklahoma. (1-Box) |
| 03/09/2020 | Brief amici curiae of Seventeen Oklahoma District Attorneys, et al. filed. |
| 03/13/2020 | Brief of respondent Oklahoma filed. |
| 03/19/2020 | CIRCULATED |
| 03/20/2020 | Brief amicus curiae of City of Tulsa filed. (Distributed) |
| 03/20/2020 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. (Distributed) |
| 03/20/2020 | Brief amicus curiae of United States filed. (Distributed) |
| 03/20/2020 | Brief amici curiae of States of Kansas, et al. filed. (Distributed) |
| 03/20/2020 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed) |
| 03/20/2020 | Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument filed. |
| 03/30/2020 | Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument granted in part, and the time is divided as follows: 15 minutes for the petitioner, 15 minutes for Muscogee (Creek) Nation, 15 minutes for the respondent, and 15 minutes for the Solicitor General. |
| 04/03/2020 | ORAL ARGUMENT POSTPONED. |
| 04/10/2020 | Reply of petitioner Jimcy McGirt filed. (Distributed) |
| 04/13/2020 | Argument to be rescheduled for May 2020. |
| 04/15/2020 | RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. |
| 05/11/2020 | Argued. For petitioner: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.) For respondent: Mithun Mansinghani, Solicitor General, Oklahoma City, Okla.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 07/09/2020 | Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Alito and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to footnote 9. Thomas, J., filed a dissenting opinion. |
| 08/10/2020 | MANDATE ISSUED. |
| 08/10/2020 | JUDGMENT ISSUED. |
| 01/13/2023 | Record returned to Wagoner County of Oklahoma. (1-Box) |