TULSA, Okla. — The U.S. Supreme Court lifted a stay on Hooper v. Tulsa the first stay expired at 5 p.m. Aug. 2. An order by Justice Gorsuch extended the stay to August 4.
It is now no longer in place. Meaning the decision can be implemented.
Justice Kavanaugh wrote in the opinion: "Moreover, as I understand it, nothing in the decision of the Court of Appeals prohibits the City from continuing to enforce its municipal laws against all persons, including Indians, as the litigation progresses."
The city released this statement in response:
Today, the United States Supreme Court issued its order on the City’s Application to Stay the Mandate in Hooper v. City of Tulsa. While the Court denied the emergency application for a stay, Justices Kavanaugh and Alito issued a statement. First, they said the issue of whether the City may enforce its municipal laws against Indians in Tulsa is an important question. Second, they indicated that the City could raise to the District Court new grounds for continuing to enforce its laws, based on a U.S. Supreme Court decision (Oklahoma v. Castro-Huerta) that was issued after the District Court heard the matter. Finally, the Justices stated that “nothing in the decision of the Court of Appeals prohibits the City from continuing to enforce its municipal laws against all persons, including Indians, as the litigation progresses.
As indicated by the Justices, the City will continue to seek clarification of these important legal issues with the District Court and, in the meantime, continue to enforce City ordinances against all persons within the City of Tulsa regardless of Indian status. We will also continue to work cooperatively with our tribal partners to protect the health and safety of our shared constituents.
Cherokee Nation Chief Chuck Hoskin Jr. posted this statement on social media:
Cherokee Nation Principal Chief @ChuckHoskin_Jr issues statement on U.S. Supreme Court denies stay in Hooper case pic.twitter.com/Xw9A66Sg0O
— Cherokee Nation (@CherokeeNation) August 4, 2023
Governor Stitt released the following response to the decision:
The Supreme Court, through Justice Kavanaugh’s statement, made clear today that the City of Tulsa and municipalities throughout the eastern half of Oklahoma can and must still apply their laws to everyone, Indians and non-Indians alike. The 10th Circuit’s decision isn’t final and doesn't change how we operate here in Oklahoma. Any statement to the contrary should be seen for what it is— a call to chaos. This is a victory for Oklahoma and the rule of law. I will not let eastern Oklahoma become a reservation.
2 News previously reported the 10th Circuit Court of Appeals reversed the ruling from Tulsa's district court in favor of Hooper in June.
The City of Tulsa appealed the 10th Circuit Courts decision taking the case to the Supreme Court in July. Tulsa Mayor G.T. Bynum previously stated, "Today I have authorized our attorneys to request that the United States Supreme Court hear this case and give all parties clarity so we can move forward. As we have with their other rulings, we will honor whatever the courts decide. But we need to know what federal law allows."
- Previous story>>> Tenth Circuit Court upholds tribal sovereignty in Hooper v. Tulsa
Justin Hooper brought the case up against the City of Tulsa following a traffic ticket he received from Tulsa Police on Muscogee (Creek) Nation land.
After the initial ruling in Tulsa's district court, Hooper appealed the decision citing 2020's Supreme Court's McGirt v. Oklahoma opinion. The ruling says Oklahoma's non-Tribal law enforcement has no jurisdiction to prosecute Tribal members who committed a crimes on Tribal land.
- Previous story>>> City of Tulsa to appeal Hooper v. Tulsa case to the U.S. Supreme Court
According to City of Tulsa officials said this case influences the amount of jurisdiction law enforcement has, as parts of Tulsa city limits fall within the boundaries of the Muscogee Creek Nation reservation.
Tribal leaders applauded to the 10th District Court of Appeals decision and hope the Supreme Court follows suit ruling in favor of Tribal members.
Oklahoma Governor Kevin Stitt was encouraged by the Supreme Court's initial decision to stay the proceedings.
I am encouraged that the United States Supreme Court delayed the implementation of the 10th Circuit’s devastating decision in Hooper v. City of Tulsa. If the Hooper decision stands, the City of Tulsa, using their own words to the Supreme Court, '...will no longer be able to enforce violations of municipal ordinances against Indian inhabitants.'
We must operate under one set of rules, regardless of race, heritage or background, and cannot allow Tulsa and much of the rest of eastern Oklahoma to be turned into a reservation.
This is a developing story.
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