After issuing a stay in the case of Hooper v. Tulsa for the last nine days, the U.S. Supreme Court today decided it will not take up the case, at least for now.
Hooper v. Tulsa originated as a dispute over a speeding ticket that was issued by Tulsa Police in 2018 against Justin Hooper, a Choctaw nation citizen, on Muscogee (Creek) Nation land in the City of Tulsa.
Hooper argued that, because he is a tribal citizen, TPD did not have jurisdiction to give him the ticket.
A district court initially ruled against him, but he later won his case in the 10th Circuit Court of Appeals.
The City of Tulsa then took the case to the U.S. Supreme Court, because Tulsa Mayor G.T. Bynum said the city needed clarification on the matter.
Even though the Supreme Court has declined to continue the stay, Justice Brett Kavanaugh wrote in an opinion today that “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.”
Not long afterward, the City of Tulsa alluded to Kavanaugh’s statement in a written statement of its own today, saying, “As indicated by the Justices, the City will continue to seek clarification of these important legal issues with the District Court and, in the meantime, continue to enforce City ordinances against all persons within the City of Tulsa regardless of Indian status.”
The City went on to say it would continue to cooperate with tribal governments.
Oklahoma Governor Kevin Stitt also issued a written statement on the matter, saying, “The Supreme Court, through Justice Kavanaugh’s statement, made clear today that the City of Tulsa and municipalities throughout the eastern half of Oklahoma can and must still apply their laws to everyone, Indians and non-Indians alike. The 10th Circuit’s decision isn’t final and doesn’t change how we operate here in Oklahoma. Any statement to the contrary should be seen for what it is— a call to chaos. This is a victory for Oklahoma and the rule of law. I will not let eastern Oklahoma become a reservation.”
You can read the full Kavanaugh statement here.