The Supreme Court’s McGirt Dilemma
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The Justices chew on how to fix a problem of their own making.
Count on Justice Samuel Alito to subtly elbow an errant colleague from across the mahogany bench. On Wednesday the Supreme Court heard oral arguments in Oklahoma v. Castro-Huerta. The state of Oklahoma wants the Justices to say it has inherent sovereign power to prosecute non-Native Americans who harm Natives within reservation boundaries.
Two years ago, Justice Neil Gorsuch’s 5-4 opinion in McGirt…
