Legacy of Law: The Murphy Case and Native Rights

In 2020, the US Supreme Court ruled, in a surprise decision, that treaties still on the books as US law meant that the Muscogee people of Oklahoma maintained legal jurisdiction over a large portion of the state; in short, that much of Oklahoma remained Indian Country. McGirt v. Oklahoma has been fought over in the court system since, but the implications are ongoing, in Oklahoma and elsewhere. In By the Fire We Carry: The Generations-Long Fight for Justice on Native Land (Harper, 2024), award winning journalist, writer, and podcaster Rebecca Nagle tracks this story back hundreds of years, through the history of the Muscogee and other Southeastern Indigenous nations, to the era of removal in the 1830s, and up through the present day. This includes the case of Patrick Murphy, and the murder that kickstarted McGirt's surprising and unlikely trek through the courts. A powerful of story of what can happen when people simply follow the laws as written, Nagle argues that Indigenous resistance, resilience, and power as just as much of the story of the West as disposession and land loss.

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