The land WAS kinda ‘taken’ from the native Americans….
Congress has to decide how to deal with the Indian reservations….
The state cannot, nor do most state laws cover the area….
In a 5-to-4 decision, the court said that Congress “has not said otherwise” and that the land promised to the Creek Nation is still a reservation.
“If Congress wishes to withdraw its promises, it must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law,” wrote Justice Neil M. Gorsuch, who was joined by the court’s liberal justices.
“To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding wrong and failing those in the right.”…
The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs,”