Sarah Thrasher

U.S. Supreme Court Denies Oklahoma’s Attempts to Overturn Landmark McGirt Ruling

On January 24, 2022, the Supreme Court declined to consider overturning its landmark McGirt v. Oklahoma ruling. The Court denied thirty-two petitions for certiorari from the State of Oklahoma that sought to overrule McGirt.

The Court’s denials of certiorari send a clear message to Oklahoma that the Court stands by the law and its ruling affirming the existence of the Muscogee (Creek) Nation Reservation, and that it will not engage with Oklahoma’s political requests to overturn that ruling.

Kanji & Katzen, P.L.L.C., was honored to continue to represent the Muscogee (Creek) Nation as amicus curiae opposing Oklahoma’s many petitions. The Court’s denials are a testament to the Muscogee (Creek) Nation’s continued exercise of robust sovereignty, its efforts to ensure public safety for all Reservation residents, and the strength and persistence the Nation has demonstrated throughout its history.

The order list denying certiorari is here.

Phil Katzen’s Retirement from Law Practice

Phil Katzen, who founded the firm, with Riyaz Kanji in 2000, has retired from the Washington State Bar Association. He will continue to assist the firm in a consultant capacity on administrative and other matters.

Phil has had a long legal career dedicated to protecting, enforcing, and upholding Tribes’ treaty rights, first at the Native American Project at Evergreen Legal Services (known today as Columbia Legal Services) and later at Kanji & Katzen. Phil spent over three decades of his career working to secure and implement Tribes’ treaty right to take a fair share of shellfish from public and private property in United States v. Washington, the long-running treaty fishing rights case. His involvement with the case started with a memorandum on the Tribes’ shellfish treaty right in 1979. He subsequently represented the Tribes in multi-year negotiations with the State of Washington regarding this treaty right throughout the 1980s, represented the Tribes in litigation to secure this right in the 1990s, and represented the Tribes during implementation of the shellfish treaty right after it was established by the Court.

Phil is known in the Indian Law bar for his commanding knowledge of the law surrounding treaty rights in Washington, his strategic mind, and his generous mentoring of less-experienced attorneys. The firm is fortunate that Phil will continue in a consultant role.

Phil looks forward to serving the firm in his new capacity. He is also excited to continue to spend time with his new grandchild, to play pickleball with his wife and community, and to serve on the board for various nonprofits.