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US top court expands state power over Native land in Oklahoma

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US top court expands state power over Native land in Oklahoma


The state can prosecute non-Native Individuals for crimes dedicated on tribal land when the sufferer is Native, the USA Supreme Courtroom guidelines.

The US Supreme Courtroom has dominated that Oklahoma can prosecute non-Native Individuals for crimes dedicated on tribal land when the sufferer is Native American.

The five-to-four determination on Wednesday reduce on the excessive courtroom’s ruling from 2020 that mentioned a big chunk of japanese Oklahoma stays a Native territory.

The primary determination left the state unable to prosecute Native Individuals accused of crimes on tribal lands that embody most of Tulsa, the state’s second-largest metropolis with a inhabitants of about 413,000.

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A state courtroom later dominated that the Supreme Courtroom determination additionally stripped the state of its capability to prosecute anybody for crimes dedicated on tribal land if both the sufferer or perpetrator is Native American.

That may have left the federal authorities with sole authority to prosecute such instances, and federal officers had acknowledged that they lack the sources to prosecute all of the crimes which have fallen to them.

However the excessive courtroom’s new ruling mentioned the state can also step in when the victims are tribal members.

“The State’s curiosity in defending crime victims consists of each Indian and non-Indian victims,” conservative Justice Brett Kavanaugh wrote for the courtroom.

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Because the 2020 determination, about 43 p.c of Oklahoma is now thought-about “Indian nation”, and the difficulty of the state’s capability to prosecute these crimes “has all of the sudden assumed immense significance”, Kavanaugh wrote.

In a dissent joined by the courtroom’s three liberal members, Justice Neil Gorsuch wrote that the choice “permits Oklahoma to intrude on a characteristic of tribal sovereignty acknowledged for the reason that founding”.

The case highlighted the already strained relationship between Native tribes in Oklahoma and Republican Governor Kevin Stitt.

The case stemmed from a state courtroom determination to throw out the conviction towards Victor Castro-Huerta, who will not be Native American. Castro-Huerta was charged by Oklahoma prosecutors with malnourishment of his disabled five-year-old stepdaughter, a member of the Japanese Band of Cherokee Indians.

Castro-Huerta has since pleaded responsible to a federal little one neglect cost in alternate for a seven-year jail time period, although he has not been formally sentenced but.

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The Supreme Courtroom case concerned the Muscogee reservation, however later rulings upheld the historic reservations of different Native American tribes in Oklahoma, together with the Cherokee, Chickasaw, Choctaw, Quapaw and Seminole nations.

The Cherokee Nation is the nation’s largest Native American tribe by inhabitants with about 400,000 residents, about 261,000 of whom reside in Oklahoma.

“The train of state jurisdiction right here wouldn’t infringe on tribal self-government. Specifically, a state prosecution of a criminal offense dedicated by a non-Indian towards an Indian wouldn’t deprive the tribe of any of its prosecutorial authority,” Kavanaugh wrote within the majority opinion.

“That’s as a result of, with exceptions not invoked right here, Indian tribes lack prison jurisdiction to prosecute crimes dedicated by non-Indians corresponding to Castro-Huerta, even when non-Indians commit crimes towards Indians in Indian nation.”

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Justice Neil Gorsuch, a conservative appointee of President Donald Trump who joined the courtroom’s liberal minority on this case, delivered the dissent, accusing the vast majority of committing “astonishing errors” ignoring the principles established by Congress on tribal sovereignty.

“The true occasion in curiosity right here isn’t Mr. Castro-Huerta however the Cherokee, a Tribe of 400,000 members with its personal authorities,” Gorsuch wrote. “But the Cherokee haven’t any voice as events in these proceedings; they and different Tribes are relegated to the submitting of amicus briefs.”



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Oklahoma

‘So what? Now what?’: Alabama players react to loss to Oklahoma

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‘So what? Now what?’: Alabama players react to loss to Oklahoma


No. 7 Alabama football should have defeated unranked Oklahoma. But the Crimson Tide didn’t.

Oklahoma had only won one SEC game all season. It wasn’t even bowl eligible before Saturday.

Then, the Alabama offense failed to score a touchdown and sputtered for much of the night. The Crimson Tide defense couldn’t stop Oklahoma’s rushing attack when the game was still close.

Alabama turned the ball over three times, with three Jalen Milroe interceptions.

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As a result, the Crimson Tide fell 24-3 to the Sooners on Saturday at Oklahoma Memorial Stadium in Norman, Oklahoma.

“There is no excuse,” linebacker Jihaad Campbell said. “None. Everybody saw it. Whoever was watching the game. We lost, and we’ve got to take it on the chin and keep learning from that.”

Alabama (8-3, 4-3 SEC) gave up 325 yards, with 257 yards, on the ground to Oklahoma and two touchdowns. Oklahoma (6-5, 2-5) had the nation’s 90th ranked scoring offense entering the game.

“Our job was to out-execute those guys, and we fell short tonight,” Campbell said.

Meanwhile, the Alabama offense tallied only 234 yards, with 164 through the air and 70 on the ground, to score only a field goal.

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Milroe, who gashed LSU on the ground two weeks ago, couldn’t get anything going with his legs with only seven yards on 15 carries.

“They had a great game plan for us,” offensive lineman Tyler Booker said. “We’ve just got to get a hat on a hat. We have to execute better.”

The Alabama players who took part in interviews postgame showed a clear and intentional interest in moving on quickly from the result and performance in Norman.

“So what? Now what?” Booker said. “Can’t do anything about what just happened. What we can do is make sure we prepare our tails off.”

Next up is a matchup with Auburn in the Iron Bowl at Bryant-Denny Stadium to close out the regular season. Alabama won’t make the SEC Championship Game, but it might not yet be eliminated from the playoff just yet. The Allstate playoff predictor on Saturday night gave the Crimson Tide a 31% chance to still make the postseason.

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“Got a big game next week,” Booker said. “Got to put all of our focus and energy there. Can’t do anything about what just happened. We’ve got to put all of our focus and energy into next week.”

Nick Kelly is an Alabama beat writer for AL.com and the Alabama Media Group. Follow him on X and Instagram.





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Live Updates: No. 7 Alabama Football at Oklahoma

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Live Updates: No. 7 Alabama Football at Oklahoma


NORMAN, Okla.–– Alabama has one final road test to pass in the regular season if it wants to compete for an SEC title and make it back to the College Football Playoff.

The No. 7 Crimson Tide plays at Oklahoma on Saturday night in the first matchup as conference foes in the SEC. BamaCentral will have coverage all night from Norman. Follow along for updates.

BE SURE TO REFRESH YOUR BROWSER FOR THE LATEST UPDATES

(latest updates at the top)

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Who: Alabama (8-2, 4-2 SEC) vs. Oklahoma (5-5, 1-4)

When: Saturday, Nov. 23, 6:30 p.m.

Where: Gaylord Family Memorial Stadium

TV: ABC/ESPN+

Radio: Crimson Tide Sports Network (Play-By-Play: Chris Stewart, Color: Tyler Watts).

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Series: Oklahoma leads 3-2-1

Last meeting: Alabama defeated the Sooners in the Capital One Orange Bowl as part of the College Football Playoff 45-34. Tua Tagovailoa passed for 318 yards and four touchdowns while the Crimson Tide rushed for 200 yards across 42 carries between Josh Jacobs, Damien Harris and Najee Harris.

Last time out, Alabama: The Crimson Tide dominated Mercer 52-7 at home behind three touchdowns from Jalen Milroe and two touchdowns from Ryan Williams. The Alabama defense forced three more turnovers as they’ve now forced 16 in the last five games, making life challenging on opposing offenses.

Last time out, Oklahoma: The Sooners were off this past week, but went to Missouri two weeks ago and lost 30-23 after losing a fumble for a touchdown in the game’s final minutes. Oklahoma’s played five conference games and only won at Auburn this season.



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Staff predictions: Our picks for No. 7 Alabama at Oklahoma

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Staff predictions: Our picks for No. 7 Alabama at Oklahoma


After falling twice away from home already this season, No. 7 Alabama will look to avoid a potential trap game in its final road trip of the regular season. The Crimson Tide (8-2, 5-2 in the SEC) will visit Oklahoma (5-5, 1-5) for a 6:30 p.m. CT kickoff Saturday inside Gaylord Family Oklahoma Memorial Stadium.

This will be the seventh matchup between Alabama and Oklahoma. The Sooners hold a 3-2-1 advantage in the series, but the Tide won the most recent meeting, recording a 45-34 victory in the 2018 Orange Bowl. Alabama is currently a 14-point favorite for Saturday’s game, according to the Caesars Sportsbook.

Here’s how Tide Illustrated’s staff thinks the game will play out.



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