July 20, 2020

In a podcast called “This Land,” Jenner & Block Partner Ian Heath Gershengorn shares his insight on the groundbreaking decision in which the Court, by a 5-4 vote, held that the Muscogee (Creek) Nation’s reservation endures—which meant that the state of Oklahoma lacked jurisdiction to prosecute his client, Jimcy McGirt. Mr. Gershengorn argued the case before the Court in May. In the podcast, Mr. Gershengorn describes Justice Neil Gorsuch, who authored the majority opinion, as “very much a textualist.” Justice Gorsuch’s opinion for the Court ultimately agreed with Mr. Gershengorn’s argument that “treaties created the reservation as plainly as they could, and there was no statute from Congress that disestablished the reservation or changed it, and given that, that’s the end of the story.”

To listen to the podcast, please click here.

To listen to Mr. Gershengorn’s argument before the Court, please click here.