The long-simmering dispute between Gov. Kevin Stitt and Oklahoma’s tribal nations has intensified in recent months as federal courts consider challenges tied to tribal sovereignty, state authority and taxation.
The conflict stems largely from the U.S. Supreme Court’s 2020 landmark McGirt v. Oklahoma decision, which held that much of eastern Oklahoma remains “Indian Country” for purposes of criminal jurisdiction.
In April 2021, the Oklahoma Court of Criminal Appeals ruled in Sizemore v. Oklahoma that the Choctaw Nation reservation was never disestablished.
Since those rulings, disputes have arisen over whether McGirt extends to civil and regulatory matters such as taxation and hunting and fishing. Stitt’s administration has repeatedly challenged tribal sovereignty related to the state’s jurisdictional, financial and legal authority.
On Oct. 7, 2025, the Oklahoma Department of Wildlife Conservation issued a press release stating it “will continue to enforce the law and will issue citations to anyone in violation of the state’s fish and game laws, regardless of tribal citizenship.” The release claimed that the Oklahoma Supreme Court’s Stroble v. Oklahoma Tax Commission decision “provided clear legal confirmation that McGirt is limited to prosecuting crimes under the federal Major Crimes Act only.”
Stroble v. Oklahoma Tax Commission
In 2024, Muscogee Nation citizen Alicia Stroble challenged the state’s authority to tax her income. In July 2025, the Oklahoma Supreme Court ruled 6-3 that Stroble is subject to state income tax, holding that McGirt applies only to criminal jurisdiction. The majority included four justices appointed by Stitt.
The majority wrote in its analysis, “The United States Supreme Court’s declaration–113 years after statehood–that nearly half of Oklahoma is a reservation is unprecedented. To date, the United States Supreme Court has not extended its ruling in McGirt beyond the Major Crimes Act. To date, the United States Supreme Court has not extended its ruling in McGirt to the State’s civil or taxing jurisdiction. And it is not this Court’s place to do so.”
Stroble has appealed the decision to the U.S. Supreme Court. The Muscogee, Chickasaw, Choctaw, Cherokee and Seminole nations, known as the Five Tribes, filed petitions supporting review.
On Dec. 2, 2025, attorneys for the Oklahoma Tax Commission filed a petition urging the high court not to hear the case, arguing the ruling could cost Oklahoma at least $200 million. If the court takes the case, state attorneys argue it should “revisit McGirt itself, both because it was incorrectly decided and because the predicted problems with the decision have been borne out in practice.”
The Great Hunting and Fishing Debate
Stitt’s concerns over tribal sovereignty in hunting and fishing date to early in his tenure. In 2021, he announced he would not renew existing tribal hunting and fishing compacts.
The compacts, the first of their kind in the U.S., generated millions for wildlife management. Under the agreements, tribes purchased licenses in bulk for eligible tribal members. The Cherokee compact generated more than $32 million, while the Choctaw compact generated $6 million.
The funding supported conservation, law enforcement and wildlife management.
Before declining to renew the compacts, Stitt had praised the agreements and the tribes.
“Under previous administrations, compacts regarding hunting and fishing licenses were a routine matter. They clearly provided great financial and cultural benefit to both the state and tribal members. Unfortunately, Gov. Stitt has once again decided to let his personal concerns outweigh what is best for the people he was elected to represent, putting conflict above cooperation,” said Choctaw Nation Chief Gary Batton in 2021. “We hope he will change his stance and respect tribal sovereignty while protecting wildlife, generating revenue and improving the quality of life for Oklahomans.”
That hope quickly dissipated, as the governor continually attacked tribal sovereignty over the next four years. Following the decision, tribes, including the Choctaw Nation, moved to allow tribal members to hunt and fish on tribal lands.
In July 2024, the Five Tribes announced a reciprocity agreement allowing tribal citizens to hunt and fish within participating tribes’ treaty territories.
Tribal citizens may hunt and fish on tribal lands using their tribal membership cards as proof of citizenship but must still comply with applicable laws, including landowner permission on private property and permit requirements on public land. Hunters and anglers must follow tribal licensing rules, report harvests and comply with wildlife regulations.
On Oct. 9, 2025, Batton released a statement following the ODWC announcement.
“As part of a sovereign nation, tribal members have the inherent right to hunt and fish on our reservation,” Batton said. “Since 2022, Choctaw tribal members have been able to use their membership card as their hunting and fishing license on the reservation. In 2024, the Five Tribes Wildlife Management Reciprocity Agreement enabled Choctaw tribal members to also hunt and fish on the Cherokee, Creek, Chickasaw and Seminole reservations.”
On Oct. 13, 2025, a Choctaw tribal member was cited for hunting without a state license at the Hugo Wildlife Management Area, located within the Choctaw Nation reservation.
On Oct. 29, 2025, Oklahoma Attorney General Gentner Drummond took control of the case and dismissed the misdemeanor charge. His office stated the 2026 gubernatorial candidate “will not allow Native American hunters to be prosecuted by the state for hunting in Indian Country without a state permit when they are otherwise acting in accord with duly enacted tribal law.”
On Nov. 13, 2025, Stitt appointed Russell Cochran as a special prosecutor amid his ongoing conflict with Drummond. That same day, Cochran refiled the Robertson case and a separate Murray County wildlife case involving a Chickasaw Nation citizen.
“State and federal courts have been clear. The state of Oklahoma can prosecute Indians who commit non-major crimes in our state,” Stitt said. “I will not stand by and allow lawless Drummond to undermine district attorneys who are prosecuting crimes and keeping Oklahomans safe.”
Also on Nov. 13, Drummond sent a letter to ODWC Director Wade Free demanding the agency rescind what he called a “misguided and unlawful policy” of citing tribal citizens hunting or fishing in Indian Country without a state permit. He warned the policy “exposes individual ODWC officers to personal liability.”
“These enforcement actions are not merely ill-advised — they are unlawful,” Drummond wrote. “They waste limited law enforcement and prosecutorial resources on cases that cannot succeed. And they inflict significant harm on the state’s government-to-government relationships with the Five Tribes — relationships that took years to rebuild and that benefit all Oklahomans.”
Drummond gave the agency a Nov. 17 deadline to rescind the policy, which wasn’t met.
The Choctaw, Chickasaw and Cherokee nations filed suit Nov. 18 in U.S. District Court for the Northern District of Oklahoma.
The lawsuit seeks to block state enforcement of hunting and fishing laws against tribal citizens in Indian Country and affirms treaty-protected tribal authority over wildlife regulation. Named defendants include Stitt, Free, other agency officials and special prosecutor Cochran.
Chief Gary Batton called the state’s actions a harmful overreach.
“Gov. Stitt’s attack of our members is causing harm and distress, and we won’t let this overreach continue,” Batton said. “We remain committed to conserving, protecting and enhancing wildlife resources, including our continued strong working relationship with ODWC.”
Gov. Stitt posted on social media Nov. 21, writing, “Your race doesn’t trump the law,” alongside a link to a press release reaffirming his position on statewide enforcement of wildlife, traffic and tax laws and praising the Wildlife Commission’s decision to hire independent legal counsel.
He went on to share images of animals and hunters over the next few days, including some with the phrase “All Oklahomans, All Laws: No Exceptions,” accompanied by statements that were factually inaccurate regarding tribal laws and hunting.
Moving Forward
At the time of publication, the situation was still developing. The Biskinik will continue to keep readers informed as more information becomes available.
For updates on the Choctaw Nation of Oklahoma, follow the tribe on social media and visit choctawnation.com and check out biskinik.com.