McGirt and Beyond: Jurisdictional Challenges and Opportunities in Indian Country
In July 2020, the U.S. Supreme Court issued a landmark decision in McGirt v. Oklahoma, affirming that the Muscogee (Creek) Nation’s reservation remains “Indian Country” under federal law. The ruling was an extraordinary reaffirmation of tribal sovereignty, with ripple effects that continue to unfold across Indian Country. But while McGirt marked a legal victory, it also exposed—and in some cases, intensified—jurisdictional complexity, gaps in intergovernmental coordination, and urgent needs for tribal capacity-building.
At Suli Strategies, LLC, we work directly with Tribal Nations, legal teams, and policymakers navigating these evolving realities. Below are some reflections on the challenges McGirt has created, the opportunities it offers, and how tribal governments can strategically respond.
The Legal Significance of McGirt
At its core, McGirt was a case about promises—promises made in treaties and enshrined in federal law that cannot be erased by time, politics, or shifting demographics. By reaffirming that the Muscogee (Creek) Reservation was never disestablished, the Court confirmed that crimes involving Native defendants or victims on the reservation fall under federal or tribal—not state—jurisdiction under the Major Crimes Act.
This precedent has since been extended to other tribes in eastern Oklahoma, including the Cherokee, Choctaw, Chickasaw, and Seminole Nations. Together, these decisions have reshaped the jurisdictional map of the state, effectively restoring tribal and federal authority over vast areas.
Jurisdictional Challenges: The Ground-Level Reality
While McGirt was legally sound and morally just, implementation has been far from seamless. Key challenges include:
Criminal Justice Coordination: Many tribes, especially in Oklahoma, have had to quickly expand or rebuild their justice systems to meet new demands. Law enforcement jurisdiction, prosecution authority, and detention capacity have all come under strain.
Public Safety Confusion: Some local officials have sowed fear and misinformation, wrongly suggesting that McGirt creates lawlessness. In reality, the issue is not an absence of law—it’s a matter of layered jurisdiction and the need for improved coordination between tribal, federal, and local entities.
Limited Federal Resources: The Department of Justice and Bureau of Indian Affairs face resource constraints in responding to the surge in federal cases. This has led to delays in prosecution and victim services.
These challenges are real—but they are not insurmountable. With planning, partnerships, and federal support, Tribal Nations can meet this moment of increased authority with strategic resilience.
Opportunities for Tribal Nations
Jurisdictional complexity is not new to Indian Country. What McGirt offers is a renewed opportunity for Tribal Nations to:
Reassert Sovereignty in Practice: By exercising expanded authority over criminal justice, tribes can design systems that reflect their values—whether through restorative justice, culturally appropriate sentencing, or improved victim services.
Build or Strengthen Institutions: Many tribal courts, prosecutors’ offices, and police departments are receiving critical funding and attention for the first time in decades. McGirt creates a strong rationale for investing in long-term infrastructure and intergovernmental agreements.
Negotiate on Stronger Ground: With confirmed territorial jurisdiction, tribes can negotiate MOUs and cross-deputization agreements from a position of strength—ensuring that public safety serves tribal citizens and non-citizens alike, without compromising sovereignty.
Where We Go from Here
The McGirt decision is a reminder that tribal sovereignty is not a relic—it is a living principle that shapes how justice is delivered today. But sovereignty requires capacity, coordination, and advocacy. At Suli Strategies, we help Tribal Nations build the legal, institutional, and strategic tools to thrive in this new landscape.
From drafting tribal codes and intergovernmental agreements to advising on law enforcement strategies and court development, we bring practical, experienced insight to the challenges and opportunities that follow McGirt.
The work ahead will not be easy—but it is necessary, and it is ours.
Need help navigating the legal and policy impacts of McGirt on your Nation or organization? Contact Suli Strategies, LLC today to learn how we can support your goals.