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Here’s what you should know for Monday’s cases:
First case: Jimcy McGirt v. Oklahoma
Hour: 10:00 a.m. ET
Meaning: Jimcy McGirt, a member of the Oklahoma Seminole Nation, was convicted of raping a 4-year-old boy in what he says is an Oklahoma Creek reservation. However, his lawyers say he was tried in the wrong court, because his crime occurred on Indian soil and the federal government, not the state, has jurisdiction. Under federal law, the main crimes committed by Indians in an Indian country must be tried in federal court. One question in court is whether a Creek reservation was established and if so, whether Congress ever moved to destabilize it.
If McGirt prevails, Oklahoma may have no jurisdiction over crimes committed by Indians in the eastern part of the state.
Participants: Ian H. Gershengorn, Riyaz A. Kanji, Mithun Mansinghani, Attorney General, Oklahoma City. Deputy Attorney General Edwin S. Kneedler
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Second case Our Lady of Guadalupe School v. Agnes Morrissey-Berru
Hour: Immediately after McGirt v. Oklahoma; at approximately 11 a.m. ET
Meaning: A dispute over two teachers who tried to file workplace discrimination claims against the religious schools that fired them. Judges will discuss the scope of the so-called “ministerial exception” that holds that under the First Amendment the government cannot interfere with a church’s employment decisions.
Participants: Eric C. Rassbach, Assistant Attorney General Morgan L. Ratner, Jeffrey Fisher
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