Sorry if I wasn't clear, the initial jurisdiction (state vs federal) issue started with Murphy, a murder case. When the Murphy jurisdiction issue began to achi

Sorry if I wasn't clear, the initial jurisdiction (state vs federal) issue started with Murphy, a murder case. When the Murphy jurisdiction issue began to achieve significant legal traction, McGirt adopted the same strategy. The SCOTUS reviewed the Murphy case with only 8 Justices, didn't issue a decision (they probably voted 4:4 in conference), and used the McGirt case (with 9 Justices) to decide the jurisdiction issue. The links in my comment provide a lot more info, it's a remarkable narrative. If the initial Murphy attorney had not first been a geologist (and then a mineral rights litigator) the whole situation probably would never have surfaced.