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  1. Emperor Tippy

    United States Supreme Court takes up Oklahoma Question (Again)

    If the court found for the natives then you are instantly going to have a class action lawsuit against the state by every resident of the "reservation". If its a reservation then state permitting requirements don't apply, state taxes don't apply, state traffic laws don't apply, all local...
  2. Emperor Tippy

    United States Supreme Court takes up Oklahoma Question (Again)

    The courts can't write law. The reason that SCOTUS could say that Congress needs to specifically strip reservations is because Congress was silent on that topic. Congress saying "No, you were wrong and we could strip reservations without specifically saying so (at least in XYZ circumstances...
  3. Emperor Tippy

    United States Supreme Court takes up Oklahoma Question (Again)

    I have no real idea the reasoning that SCOTUS will use to say that half of Oklahoma isn't a reservation; just that they will come up with some reason that it isn't. Not really. The issue is that SCOTUS ruled that for Congress to abrogate a reservation, they have to have expressly done so...
  4. Emperor Tippy

    United States Supreme Court takes up Oklahoma Question (Again)

    Write the law right and you could probably avoid most of it. The easiest solution would have been for Congress to pass a law "clarifying" that they did indeed abrogate the reservation when Oklahoma was established. Or more precisely, to pass a law "clarifying" the boundaries of all extant...
  5. Emperor Tippy

    United States Supreme Court takes up Oklahoma Question (Again)

    No, it's going to SCOTUS because under current SCOTUS precedent it absolutely is still a reservation and yet that is an utterly unacceptable outcome. The result is going to be that it is not a reservation, the issue is figuring out how to draft an opinion that says that because it blatantly...
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