No. 18-9526October Term 2019Decided Jul 9, 2020
McGirt v. Oklahoma
The Court said the Creek Reservation still counts as Indian country for this federal criminal-law question, so Oklahoma lacked authority to prosecute this case.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jul 9, 2020
- What it's about
An enrolled tribal member convicted in Oklahoma argued that the state had no power to prosecute him because his crimes occurred within the historic Muscogee (Creek) Reservation, where the federal government has exclusive authority over certain major crimes involving Native Americans. The case turned on whether that reservation still legally exists as "Indian country" under federal law.
Question presented
WHETHER OKLAHOMA COURTS CAN CONTINUE TO UNLAWFULLY EXERCISE, UNDER STATE LAW, CRIMINAL JURISDICTION AS"JUSTICIABLE MATTER" IN INDIAN COUNTRY OVER INDIANS ACCUSED OF MAJOR CRIMES ENUMERATED UNDER THE INDIAN MAJOR CRIMES ACT-WHICH ARE UNDER EXCLUSIVE FEDERAL JURISDICTION?
- Case path
Court of Criminal Appeals of Oklahoma / Decision released Jul 9, 2020
- Area
Decided Supreme Court case
Briefing
What it's about
The Supreme Court said Oklahoma could not prosecute an enrolled tribal member for a major crime committed on land reserved for the Muscogee (Creek) Nation. For Major Crimes Act purposes, that land remains "Indian country."
Vote
The case was argued on May 11, 2020, and decided on July 9, 2020, but the prompt does not provide the vote count or opinion lineup.
Impact
The decision changed who can bring certain criminal cases in much of eastern Oklahoma. For example, an enrolled tribal member accused of a major crime there may have to be prosecuted by federal authorities, not the state.
What's next
The Supreme Court has finished this case. Oklahoma, federal prosecutors, and tribal governments had to apply the ruling when deciding who can prosecute affected crimes in the area.
What was the core dispute in McGirt v. Oklahoma?
The case asked whether the Muscogee (Creek) Reservation still legally exists as "Indian country." If it does, Oklahoma cannot prosecute certain major crimes by Native Americans there.
What real-world consequences came from the McGirt decision?
Native American defendants, crime victims, and prosecutors in eastern Oklahoma were directly affected. Some major-crime cases must go to federal court instead of state court.
What was the next procedural step after the Supreme Court's decision?
The Supreme Court's review ended with this decision. Lower courts and prosecutors then had to apply the ruling to affected cases in eastern Oklahoma.
Decision
What the Court decided
The Court said the Creek Reservation still counts as Indian country for this federal criminal-law question, so Oklahoma lacked authority to prosecute this case.
Impact
The decision changed who can bring certain criminal cases in much of eastern Oklahoma. For example, an enrolled tribal member accused of a major crime there may have to be prosecuted by federal authorities, not the state.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 18-9526
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | Jul 9, 2020
Petition
brief | Apr 17, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026