The U.S. Supreme Court case Fleming v. McCurtain in 1909 revolved around a dispute over land ownership within the Choctaw Nation, an indigenous tribe recognized by the federal government. The plaintiff, Fleming, claimed that he had purchased a tract of land from McCurtain who was acting as chief of the Choctaw Nation and thus held authority to sell tribal lands. However, after selling the property to Fleming, McCurtain sold it again to another party who then sued for possession of said land. The court ruled in favor of this second buyer on grounds that under existing laws at that time (the Atoka Agreement), only allottees - members assigned specific parcels of tribal lands - could legally transfer their rights through sale or lease; chiefs did not have such power unless explicitly granted by Congress which wasn't applicable here.

In the dissenting opinion for Fleming v. McCurtain, it was argued that the majority's decision to uphold a law passed by Congress in 1906 which allowed non-Indians to acquire land within Indian Territory was incorrect. The dissenting justices believed this law violated previous treaties between the U.S government and Native American tribes, specifically those guaranteeing tribal sovereignty over their lands. They contended that these treaties were still valid and should be respected despite any subsequent legislation contradicting them. Furthermore, they asserted that allowing non-Indians to acquire land within Indian Territory would lead to further erosion of tribal rights and autonomy, setting a dangerous precedent for future dealings with Native American tribes.