Supreme Court won't block a ruling favoring a Native American man cited for speeding in Tulsa

[Leroy N. Soetoro]

https://abcnews.go.com/US/wireStory/supreme-court-block-ruling-favoring-
native-american-man-102030301

WASHINGTON -- The Supreme Court on Friday left in place a lower court
ruling that invalidated a speeding ticket against a Native American man in
Tulsa, Oklahoma, because the city is located within the boundaries of an
Indian reservation.

The justices rejected an emergency appeal by Tulsa to block the ruling
while the legal case continues. The order is the latest consequence of the
high court's landmark 2020 decision that found that much of eastern
Oklahoma, including Tulsa, remains an Indian reservation.

Justin Hooper, a citizen of the Choctaw Nation, was cited for speeding in
2018 by Tulsa police in a part of the city within the historic boundaries
of the Muscogee (Creek) Nation. He paid a $150 fine for the ticket, but
filed a lawsuit after the Supreme Court’s ruling in McGirt v. Oklahoma. He
argued that the city did not have jurisdiction because his offense was
committed by a Native American in Indian Country. A municipal court and a
federal district court judge both sided with the city, but a three-judge
panel of the 10th U.S. Circuit Court of Appeals reversed the lower court’s
decision.

There were no noted dissents among the justices Friday, but Justice Brett
Kavanaugh wrote a short separate opinion, joined by Justice Samuel Alito,
in which he said that Tulsa's appeal raised an important question about
whether the city can enforce municipal laws against Native Americans.

Kavanaugh wrote that nothing in the appeals court decision “prohibits the
City from continuing to enforce its municipal laws against all persons,
including Indians, as the litigation progresses.”


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