“The Nation had never ceased to function as a robust government. That’s what made all the difference in the (McGirt) case. That’s what gave the Supreme Court Justices the comfort to do the right thing and follow as Judge Gorsuch said ‘The rule of law as opposed to the will of the strong’.” McGirt Lead Attorney Riyaz Kanji
OKMULGEE – A Sovereignty Day program was held at the College of the Muscogee Nation on July 8 to mark the fifth anniversary of the historic McGirt v. Oklahoma ruling. Event speakers included Muscogee (Creek) Nation Principal Chief David Hill, lead attorney for the MCN in McGirt v. Oklahoma Riyaz Kanji, and Muscogee National Council Speaker Randall Hicks. The main feature of the program included a panel of Tribal leaders including Deputy Attorney General Geri Wisner, Deputy Secretary of Health Tim Hicks, Secretary of Culture and Humanities RaeLynn Butler, and Chief of Staff Jeff Fife. MCN Press Secretary Jason Salsman moderated the panel. The event commissioned a time capsule with contributions from Tribal departments including documents, photos, artwork, and other various items that captured moments in Mvskoke history from 2025.
Chief Hill remarked that the day the U.S. Supreme Court handed down its decision was a paramount one for the Nation because it reaffirmed the United States’ promise outlined in the Treaty of 1866. According to Chief Hill, although sovereignty has not always been properly recognized and respected, it has shaped the Nation into what it is today.
“July 9, 2020 changed Muscogee Creek Nation. July 9, 2020 changed Oklahoma. July 9, 2020 changed Indian Country,” Chief Hill said. “They tried to bury us but they didn’t know that they were planting the seeds. That’s who we are today.”
The McGirt case heard oral arguments during the height of the Covid-19 pandemic, when court proceedings were conducted by teleconference. Kanji argued the Nation’s case before SCOTUS in front of a computer screen in his living room. According to Kanji, their strategy for winning was to simply tell the story of the Mvskoke Nation.
“When people ask us, ‘how did we win the McGirt Decision?’ The answer is that we were able to vindicate the Creek Nation’s sovereignty because the Creek Nation exercises its sovereignty in such a robust way,” Kanji said. “We simply had to tell the story. The story was being written through the incredible governance by the Creek Nation.”
The story involved MCN Lighthorse Police and its efforts assisting other law enforcement agencies on the reservation. Kanji’s team also told the story about the Nation’s health department and the services they provided to all Tribal citizens of federally-recognized tribes, not just Mvskoke citizens. Education, including Headstart and the College of the Muscogee Nation, were both integral to painting the picture of how the Nation exercises sovereignty.
Speaker Hicks described sovereignty as “the heartbeat of the Nation that has endured all odds.” He remarked that sovereignty predates colonization, it is what has allowed the Mvskoklvke to thrive today.
“Sovereignty is not a word we celebrate only in ceremony or in courtrooms. It’s the spirit that moves through our governance, our language, our lands and our daily lives,” Speaker Hicks said. “Long before the founding of the United States the Muscogee Nation governed itself. We held council fires, we honored a clan’s responsibilities. We protected our homelands. That sovereignty was not granted to us by a treaty. It existed long before treaties. It is not bestowed by court, but is undeniably affirmed by a case like McGirt vs. Oklahoma.”
Although the decision reaffirming sovereignty has been the rule of law for the past five years, Kanji said the fight to progress and preserve continues on.
“The five years since the McGirt Decision had been decided has been both inspiring and challenging,” Kanji said. “Inspiring because the Nation has continued to govern and has expanded its governance and has risen to the challenge of the decision. Challenging because as Principal Chief said, there remain opponents, great opponents of this exercise of sovereignty.”
After the panel, Chief Hill and Kissee locked and sealed the Muscogee Nation Time Capsule. The capsule will be stored in the new Citizenship Services Building and will remain there until it is scheduled to be opened on July 9, 2050.
In observance of Sovereignty Day, all MCN Offices will be closed on Wednesday, July 9.
