The Generations-Long Fight for Justice on Native Land
Oct 14, 2024
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Rebecca Nagle, an investigative journalist and citizen of the Cherokee Nation, dives into the ongoing fight for Native land justice. She discusses the growing recognition of Indigenous Peoples Day and its importance in understanding Native history. Nagle sheds light on significant legal battles regarding tribal sovereignty, including a shocking murder case in Oklahoma. She also reflects on the historical trauma of Cherokee removal and examines the implications of the McGirt Supreme Court decision for Indigenous rights and sovereignty.
The Supreme Court's ruling in the McGirt case reaffirmed tribal sovereignty, showcasing legal pathways for Native nations to reclaim their land and rights.
Historical decisions by Cherokee leaders during crises highlight the profound moral dilemmas faced by Native peoples in their fight for survival and justice.
Deep dives
Legal Precarity of Native Nations
Native nations face a challenging legal landscape, complicating their ability to advocate for themselves in court. Many significant legal precedents concerning tribal rights emerge from unexpected circumstances, such as a murder trial that raised questions about jurisdiction. In this specific case, the defense argued that the state of Oklahoma lacked authority to prosecute a Native individual for a crime committed on tribal land. This pivotal legal battle eventually led to a Supreme Court ruling that confirmed the ongoing existence of reservations, demonstrating the complexities and challenges that Native nations must navigate to protect their sovereignty.
Historical Context of Cherokee Leadership
The historical narrative surrounding Cherokee leaders, such as John and Major Ridge, illustrates the complexities of survival during devastating circumstances. These leaders made a significant and controversial decision to sign the Treaty of New Echota, believing it was the only way to protect their people from the violence and oppression they faced. Despite their intentions, this decision branded them as traitors in the eyes of many Cherokees, leading to their assassination. This historical perspective highlights the harsh realities and moral dilemmas faced by Native leaders during a time of crisis.
Restoration of Tribal Sovereignty
The Supreme Court's ruling in the McGirt case marked a historic moment for the restoration of tribal sovereignty in the United States. The decision reinstated the existence of the Muskogee Nation's reservation, affirming that the land guaranteed by treaties remained protected under federal law. This ruling not only affirmed rights for the Muskogee Nation but also upheld the status of multiple reservations across Oklahoma, reclaiming a vast area of land for Native people. The significance of this case underscores the importance of legal frameworks in securing justice for Indigenous nations, even in the face of a history marked by dispossession and genocide.
Rebecca Nagle has written for the Atlantic, the Washington Post, the Guardian, and Indian Country Today. She hosts the celebrated podcast This Land. Her new book is By the Fire We Carry.