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Wisconsin’s Indian Country after McGirt v. Oklahoma

That’s the title of this new publication by the Legislative Reference Bureau. The publication discusses the impact on Wisconsin of the U.S. Supreme Court’s decision in McGirt v. Oklahoma, USSC No. 18-9256 (U.S. July 9, 2020).

On Point didn’t cover the decision when it was released, but Scotusblog did, and its commentary (available here) characterized the decision as “a stunning reaffirmance of the nation’s obligations to Native Americans” because it could have the effect of restoring large swaths of geography to the status of reservation land. Lawyers handling matters that involve activities on possible reservation land should be aware of McGirt and what it might mean for tribal (rather than state or local) authority or jurisdiction over that activity. Indeed, McGirt has already had an impact on one municipality’s attempts to regulate activity on the Oneida reservation near Green Bay. Oneida Nation v. Village of Hobart, No. 19-1981 (7th Cir. July 30, 2020).

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