US Supreme Court lifts stay on 'Hooper v. Tulsa'

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:

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:

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."

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.

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.

This is a developing story.

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