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With historical promises in mind, justices weigh state criminal jurisdiction in Indian country

SCOTUSBlog

Share At the last Supreme Court oral argument of Justice Stephen Breyer’s career, the court stepped into a dispute over the state of Oklahoma’s criminal jurisdiction authority in Indian country. Oklahoma v. Oklahoma , which reaffirmed that the reservation of the Muscogee (Creek) Nation within Oklahoma remains “Indian country.”

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

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The long conference’s relists

SCOTUSBlog

Criminal law We are now in the home stretch. Justin Sneed murdered Barry Van Treese, owner of an Oklahoma City motel, in one of the guest rooms. Oklahoma (resulting from Glossip’s fourth and fifth applications to that court for post-conviction relief), Glossip now seeks relief from the Supreme Court.

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Argument in double-jeopardy case shines spotlight on prosecutorial issues faced by Native tribes

SCOTUSBlog

Justice Clarence Thomas asked whether CFR courts, if federal rather than tribal, were ultimately Article I courts, potentially raising the issue of their authority to enforce criminal law (but perhaps not raising a double jeopardy issue).

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Blockbuster watch: Affirmative action, same-sex weddings, and other big relists

SCOTUSBlog

Oklahoma cases as a single case — that I have to be extremely summary. Oklahoma that Congress had not clearly disestablished a Creek Nation reservation covering much of eastern Oklahoma, and thus the area remained Native American territory for the purposes of a federal criminal law, eliminating the state’s ability to prosecute crimes there.

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