Macon Magazine

Nation won the historic McGirt v. Oklahoma case in 2020, he found himself working with other tribes to raise awareness about just how the McGirt win would impact them. The U.S. Supreme Court decided in McGirt v. Oklahoma that the Muscogee (Creek) Nation reservation was never disestablished by Congress; therefore, prosecution of tribal citizens within the boundaries of the reservation fall under tribal and federal jurisdiction, rather than the jurisdiction of the state. McGirt v. Oklahoma is recognized by legal scholars as the most significant Indian Country case decided in the Supreme Court in the last 100 years. As Justice Gorsuch passionately stated while delivering the majority opinion, "On the far end of the Trail of Tears was a promise … The federal government promised the Creek a reservation in perpetuity. Over time, Congress has diminished that reservation. It has sometimes restricted and other times expanded the Tribe's authority. But Congress has never withdrawn the promised reservation. As a result, many of the arguments before us today follow a sadly familiar pattern. Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking. If Congress wishes to withdraw its promises, it must say so." This opinion made it clear that the case was not just about one issue in Indian Country, but rather the foundation of tribal authority itself – authority which was strongly affirmed. Immediately a er the opinion came down, however, anti-sovereignty forces lined up to attempt to weaken or overturn the case. "Part of my work has been supporting our leadership and not only directly preventing any undermining of that case," said Chaudhuri, "but also educating and working with our allies to help folks understand why tribal sovereignty and strong tribal governments are good for everybody's share of prosperity. By empowering tribal governments, better decisions can be made at the local level. Tribal nations develop policies to attract business into our communities and provide jobs, infrastructure, and public safety resources. When tribes succeed, everybody within their borders does as well." The McGirt case presented a variety of secondary issues regarding jurisdiction, including strengthening the tribe's role as responsible environmental regulators and empowering themselves to prosecute criminals. "So public education around sovereignty and the McGirt case and building partners, both with other tribes and non-Native allies, is key to preventing bad policies from coming down the pike," said Chaudhuri. "We're building a kind of government-to-government relationship that is expanding on the public's understanding of the history there, and telling the history in a constructive way, and I'm proud to be a part of that." — Jonodev Osceola Chaudhuri A bridge to Macon Outside of sovereignty issues, as Ambassador for Muscogee (Creek) Nation, Chaudhuri is working with the city of Macon to establish national park protection for the Ocmulgee Mounds. He's developing relationships with Macon leaders and with those "on the hill" in D.C. to ensure the preservation and protection of the tribe's sacred sites. Chaudhuri says building relationships in the ancestral homelands is more than just window dressing. "Our relationship with Macon will continue to be based on education and understanding," he said. "We're building a kind of government-to-government relationship that is expanding on the public's understanding of the history there, and telling the history in a constructive way, and I'm proud to be a part of that." Between the Nation's work with Macon to establish a national park and building awareness around the McGirt case and the myriad issues involving sovereignty and tribal jurisdiction, Chaudhuri says when Muscogee (Creek) Nation speaks, people in Washington listen. "Our voice has power, but it's taken some time to get there," he said. Chaudhuri believes the Nation's culture is its greatest asset for paving a path for the future, but inherent in that culture is strong humility and a resistance to touting its achievements. "That's a good thing, and that's who we are as a people," said Chaudhuri. But in D.C., the most attention is given to the most recognizable groups who promote themselves. "Muscogee (Creek) Nation has never played that game," Chaudhuri said. "We've always fought for sovereignty because we want to protect our culture, not because we're trying to promote ourselves." With the national park in Macon on the horizon and public awareness around the McGirt case, the tribe has gained strength among policymakers. And that power and recognition came about in the best way possible, according to Chaudhuri, through humility and fighting the fight for the right reasons rather than self-promotion. For Chaudhuri, his work is about helping Muscogee (Creek) Nation provide important services, provide opportunities for prosperity, and ensuring safety. The tribe developed great relationships in the Southeast that will help protect sacred sites and its original homeland. They've also fought, and will continue to fight, important legal and policy battles in Oklahoma. "I'm excited to see where the Nation is going. By continuing a period of re-emergence, we can further exercise our sovereignty to improve the lives of not just Native people, but all people within our current and ancestral homelands." AUGUST/SEPTEMBER 2023 | maconmagazine.com 113

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