In the 2019 case of McGirt v. Oklahoma, the U.S Supreme Court ruled that a large portion of eastern Oklahoma remains an American Indian reservation. The decision was based on whether Congress had officially terminated the boundaries of the Muscogee (Creek) Nation reservation, which covers about half of Tulsa and several surrounding counties in Oklahoma. Jimcy McGirt, a member of Seminole Nation who was convicted by state authorities for crimes committed within this area argued his case should have been tried by federal prosecutors due to its location on tribal land. In a 5-4 decision led by Justice Neil Gorsuch, it was determined that Congress never disestablished the Creek Reservation therefore much of Eastern Oklahoma is legally considered Native American territory for purposes such as criminal prosecution and potentially other civil issues.

In the dissenting opinion for MCGIRT v. OKLAHOMA, Chief Justice John Roberts argued that the majority's decision disregarded precedent and practical implications of ruling a large portion of Oklahoma as Native American territory. He contended that Congress had "unquestionably" dissolved the Creek Nation's treaty-guaranteed jurisdiction by transforming tribal lands into an organized U.S state with its own government. The dissent also expressed concerns about potential legal complications arising from this decision, such as reopening past criminal convictions or civil cases under federal law only applicable on reservation land. Furthermore, he believed it could disrupt regulatory authority over environmental standards and taxation in eastern Oklahoma where millions reside today.