In August, Oklahoma asked Justice Barrett to overrule McGirt. Well, not exactly. To be precise, the petition asked the Court to reverse the 2020 precedent. But in reality, ACB's vote would have made the 5-4 decision come out the other way.
Now, five months later, the Court declined that request. Instead, the Court granted cert on a question that could limit the scope of McGirt. From today's orders in Oklahoma v. Castro-Huerta:
The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. The case will be set for argument in the April 2022 argument session. Petitioner's brief on the merits is to be filed on or before Monday, February 28, 2022. Respondent's brief on the merits is to be filed on or before Monday, March 28, 2022. The reply brief is to be filed in accordance with Rule 25.3.
