Abortion ‘Safe-Haven’ In Oklahoma? Tribal Jurisdiction Could Make It Possible

Multiple new state abortion laws have led to a wave of unanswered questions in the wake of the McGirt Decision. Specifically, will the state be able to enforce abortion bans on tribal land?

News 9 legal analyst Irven Box has read through each of the abortion laws recently passed, and the ones making their way through the legislature. He says in a post-McGirt world, tribal lands are a grey area.

“The same law we see through the McGirt decision will apply to the tribes as it does to the abortion law,” said Legal Analyst, Irven Box.

The relationship between the state of Oklahoma and Tribes has been strained due to the 2020 Supreme Court Decision that put nearly half of Oklahoma back under tribal control.

“From reading the law, all the laws that regarding our recent abortion laws in Oklahoma. I don’t think the issue of tribal lands comes up whatsoever. I don’t think it was considered,” explained Box.

Box added that under the McGirt decision, the entire Eastern half of Oklahoma could be in loophole state abortion laws don’t reach.

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