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(Most of) Oklahoma is Still an Indian Reservation July 14, 2020

Posted by Sobek in News.
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Just a quick note on this, rather than a full discussion of the recent Supreme Court ruling that eastern Oklahoma is still an Indian Reservation, such that major criminal proceedings involving Natives belong in federal court, rather than state court.

My note is this: Justice Gorsuch, writing for the majority, got the four liberals to agree with this sentence:

Likewise, courts have no proper role in the adjustment of reservation boundaries.  Mustering the broad social consensus required to pass new legislation is a deliberately hard business under our Constitution.  Faced with this daunting task, Congress sometimes might wish an inconvenient reservation would simply disappear.  Short of that, legislators might seek to pass laws that tiptoe to the edge of disestablishment and hope that judges – facing no possibility of electoral consequences themselves – will deliver the final push.  But wishes don’t make for laws, and saving the political branches the embarrassment of disestablishing a reservation is not one of our constitutionally assigned prerogatives.

If I thought that any of those four actually believed in this sentiment – that the Supreme Court doesn’t get to step into the shoes of the legislature and give statutes a friendly nudge – I’d say that was a really big deal. As it is, I don’t believe they believe in any Constitutional principal other than their own power to say what the law is.

 

Comments»

1. Sobek - July 14, 2020

You guys want to hear something crazy? I just watched E.T. for the first time ever.

It was an incredibly sweet, well-done movie, but the third act with the government doctors was so preposterous that it took me out of the movie for a while. These guys (who turned someone’s home into a medical clean-room where no sterility protocols are followed, all without a warrant or the permission of the homeowner) didn’t watch the van that has an actual alien specimen in it? Come on.

Also, they couldn’t follow E.T.’s tracks in the very beginning of the movie? He’s the least stealthy creature on the planet and leaves footprints everywhere as it slowly waddles around.

I loved the gizmo that E.T. rigged up to broadcast his signal, though. That looked fantastic.

2. Sobek - July 14, 2020

I also just re-watched the first two Indiana Jones movies. I’ve always liked Temple of Doom more than the common consensus, I think, but there were definitely parts that bothered me. None of the large group fight scenes made any sense.

As for Raiders, I realized that the very first time Indiana steps into frame, it’s a close-up shot of his butt. What an odd decision by the director. I also found myself thinking “what a terrible idea” every time Indiana charged straight into danger, like stowing away on a German submarine. Dude. Freakin’ of course you’re going to get caught. You had no plan whatsoever. That’s not really a criticism because it shows Jones’ character. But if he had stayed home in the USA, let the Germans find the Ark, and then they opened it, the end result would have been exactly the same. It’s just a little odd that you could delete the title character from a movie with no difference to the plot at all.

3. pajama momma - July 15, 2020

Did you watch the original E.T., or the one where the edited out all the guns?

4. Sobek - July 15, 2020

Huh. Apparently it was the edited version.

That’s funny, because in the government agent scenes I remember thinking those guys weren’t as sinister and threatening as I thought they were supposed to be. Now I know why.

5. pajama momma - July 16, 2020

mmm hmm revisionist history nonsensical nonsensories


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