February 19, 2020

Jenner & Block Partner Ian Heath Gershengorn is featured prominently in an article for Bloomberg about McGirt v. Oklahoma, a case that has profound implications for tribal jurisdiction.  Mr. Gershengorn is scheduled to argue this spring that Oklahoma could not prosecute an American Indian because he committed the crime within the boundaries of an Indian reservation that Congress had not disestablished.  As the article explains, Mr. Gershengorn will have widespread backing from the Tribal Supreme Court Project, which is run by the National Congress of American Indians and the Native American Rights Fund.  The Project provides coordination and support for tribal issues at the high court, “harnessing a vast network including subject name experts and big name Supreme Court practitioners like Jenner & Block’s Gershengorn.” 

In the article, Mr. Gershengorn observes that the goal “is to try to make sure that the tribes are being as well represented as the United States, as the state governments, as the best of private firm clients, and they’re getting the same level of advocacy that others who appear before the Court are getting.”

Chair of the firm’s Appellate and Supreme Court Practice, Mr. Gershengorn argued a similar case, Carpenter v. Murphy, in the 2018 term.  The justices deadlocked, and then the Court granted certiorari in McGirt and is set to hear argument on the case later this term.

Please click here for the article, titled “Project Bolsters Tribes’ High Court Claims Following Defeats”