A story in 7 steps
From Johnson to McGirt
How did American law decide whose rights count, and how has it changed?
Awaiting review by a federal Indian law reviewer. Not legal advice.
1823, discovery
Johnson v. M'Intosh held that European "discovery" gave title to the discovering government. Native nations were called the rightful occupants of the soil, but with only a right of occupancy that only the United States could buy.
1832, a nation's own laws
Worcester v. Georgia held that Georgia's laws had no force in the Cherokee Nation. Within a few years the Cherokee were forced west on the Trail of Tears.
1955, title without protection
Tee-Hit-Ton Indians v. United States held that land held by original occupancy, never recognized by treaty or act of Congress, could be taken without compensation.
1984, only Congress can shrink a reservation
Solem v. Bartlett held that a reservation is diminished only when Congress clearly says so, and set the test courts use to decide.
2005, land bought back is not land restored
City of Sherrill v. Oneida Indian Nation held that the Oneida could not revive sovereignty over land it bought on the open market, and pointed to federal trust acquisition instead.
City of Sherrill v. Oneida Indian Nation of New YorkOneida Indian Nation reacquisition and trust applications
2019, a treaty right survives statehood
Herrera v. Wyoming held that the Crow Tribe's 1868 treaty right to hunt on unoccupied lands did not end when Wyoming became a state.
2020, a reservation that never ended
McGirt v. Oklahoma held that Congress never disestablished the Muscogee (Creek) reservation, so it remains Indian country. Treaties remain law.