Funding Needs for Tribal Courts Following McGirt v. Oklahoma
January 1, 2021
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The Frame
The federal government's decision on whether to increase for Tribal courts will determine if Tribal nations have the resources to process thousands of redirected criminal cases and maintain public safety on reservations.
Potentially affected actors named in the source documents. Mention is not a position.
Tribal Nations
Tribal governments are responsible for managing the increased caseloads and justice system operations resulting from the McGirt decision.
Federal Government
Congress is responsible for appropriating the funds requested by the ABA for Tribal justice systems.
Last recorded activity January 1, 2021.
Next step not available in the current record.
Summary
Key Facts
- The Bureau of Indian Affairs estimated in 2020 that Tribal courts required $1.2 billion in 2018 to provide a minimum base level of service.
- The Supreme Court's McGirt v. Oklahoma decision affirmed inherent Tribal jurisdiction over sovereign Indian lands in Oklahoma.
- The Oklahoma Court of Criminal Appeals confirmed the Cherokee and Chickasaw Nation reservations are intact.
- Thousands of criminal cases previously handled by state courts are being redirected to Tribal and federal courts due to the McGirt decision.
- The ABA reports that Tribal justice systems have faced a documented funding shortfall for over two decades.
- There are more than 350 Tribal justice systems currently operating in the United States.
- The ABA asserts that COVID-19 relief funds provided to Tribes do not address the specific operational funding needs of Tribal courts.
Why It Matters
The federal government's decision on whether to increase for Tribal courts will determine if Tribal nations have the resources to process thousands of redirected criminal cases and maintain public safety on reservations.
Frequently Asked Questions
Why do Tribal courts need more funding right now?
How much funding does the ABA say is needed?
News Coverage
Lobbying Activity
AARP
2026
“P.L. 119-21, One Big Beautiful Bill Act H.R. 8867, Planning for Long-term Aging Needs (PLAN) Act H.R. 5861, Legacy Act of 2025 H.R. 9393, the Lower Costs, More Transparency Act. H.R. 9396, the Prior Authorization Accountability Act. S. 4916, the Aging with Artificial Intelligence Act. H.R. 8100, Safe Staffing Saves Lives Act. S. 3886, Nurses Belong in Nursing Homes Act. H.R. 6766/S. 3492, the Essential Caregivers Act of 2025. H.R. 7966/S. 4118, Hospice Care Accountability, Reform, and Enforcement (Hospice CARE) Act. S. 2120, the Older Americans Act Reauthorization Act of 2025 H.R. 5575, the Firefighters Assisting Seniors to Emergency Response (FASTER) Act of 2025. H.R. 3954/S. 4641, Improving Access to Medicare Coverage Act. H.R.5554/S.2831, Stand Strong for Medicare Act. S. 3439/H.R. 6735, Connecting Caregivers to Medicare Act and efforts related to the bill S. 1227/H.R. 2491, Alleviating Barriers for Caregivers Act S. 668/H.R. 3183, Supporting Access to Falls Education and Prevention and Strengthening Training Efforts and Promoting Safety Initiatives (SAFE STEPS) for Veterans Act of 2025 CMS-1851-P, Hospice Proposed rule. CMS-1843-P, Skilled Nursing Facility Proposed rule. CMS-1844-P, Home Health Proposed rule. No bill number. Health care transparency. No bill number. Discussed use of artificial intelligence and health data technology. No bill number. Discussed health-related policies and activities around the fall respiratory virus season. No bill number. Discussed health insurance affordability proposals. No bill number. Discussed Nursing Home staffing standards, safety, and quality. No bill number. Discussed Nursing home transparency and ownership requirements. No bill number. Discussed home health, hospice, and long-term care. No bill number. Discussed falls prevention. No bill number. Discussed social isolation. No bill number. Discussed HUD Assisted Living Requirements No bill number. Discussed family caregiving. No bill number. Discussed AARP paper on Medicare Caregiver Training Services. No bill number. Discussed Medicaid community engagement interim final rule, including the family caregiver exemption. No bill number. Discussed the paid direct care workforce in long-term care. No bill number. Discussed the unaffordability of long-term care. No bill number. Discussed Money Follows the Person Rebalancing Demonstration Program and Medicaid HCBS spousal impoverishment protections. No bill number. Discussed Medicaid fraud and family caregivers, Medicaid self-direction programs. No bill number. Discussed sandwich generation family caregiver hearing and submitted a statement for the record discussing family caregivers and sandwich generation caregivers, programs that support them, AARP caregiving resources, and federal policies to support sandwich generation caregivers and caregivers more broadly. No bill number. Discussed long-term care. No bill number. CMS-2453-NC; Medicaid Program; 2028 Medicaid Home and Community-Based Services Quality Measure Set Submitted comments No bill number. Discussed expanding access to home care. No bill number. Discussed the increasing cost of home care No bill number. Discussed HSA use for telehealth chronic care management services/subscriptions. No bill number. Discussed artificial intelligence and technology”
Sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
Jurisdictional Shift
The McGirt v. Oklahoma decision has created a structural shift in criminal case processing, moving thousands of cases from state to Tribal/federal venues, which the ABA argues necessitates a permanent increase in federal funding.
Connected Entities
Sources
www.govinfo.gov
Analysis Score
0–100- Significance80How much this matters to a regular citizen
- Controversy60Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz30Current news / social attention level
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