The Supreme Court has upheld a ruling from a federal appeals court which prevents the city of Tulsa from enforcing municipal ordinances against Native Americans. The unsigned order, which was passed without any public dissents, came as a refusal of the city’s request to suspend the appeals court’s decision whilst it launches an appeal.
The case sprung from a nearly half a decade old traffic ticket issue and a dispute over the interpretation of a 19th century law. Justin Hooper, a Tulsa resident and member of the Choctaw Nation, received a speeding ticket in 2018 while driving on the Muscogee Creek Nation, within Tulsa city limits. In light of a Supreme Court decision in McGirt v. Oklahoma that confirmed a large territory of eastern Oklahoma as an Indian reservation, Hooper requested the revocation of his ticket, arguing that the city did not possess the authority to persecute Native Americans for crimes committed within city limits, but on reservations.
Tulsa countered that claim citing the Curtis Act of 1898, which provided a pathway for cities in ‘Indian Territory’ to incorporate themselves and which they believe still influences the right of cities to persecute violations by Native Americans, even on reservations. However, the 10th Circuit dismissed Tulsa’s argument, finding that once Oklahoma became a state in 1907 and Tulsa reorganized under Oklahoma law, its power to punish violations of municipal laws by Native American residents no longer applied.
Following the upholding of the appeals court decision, Tulsa presented an application for stay to the Supreme Court, which was subsequently denied. Two justices – Neil Gorsuch and Brett Kavanaugh – published short opinions on the matter, both acknowledging the consequential question presented by the city’s stay application.
This ruling could set significant precedents for similar situations in future, as more in-depth discussions and potentially litigations may arise on the jurisdictions and enforcement limits of municipal and tribal governmental bodies.