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elleng

(130,825 posts)
Mon May 20, 2019, 05:07 PM May 2019

Supreme Court rules in favor of Native American rights in Wyoming hunting case.

Source: CNN

The US Supreme Court on Monday sided with a Wyoming Native American tribe, ruling that a 19th-century treaty between the tribe and the state did not expire when Wyoming became a state.

The court ruled in favor of Native American rights in a 5-4 decision. In her majority opinion, Justice Sonia Sotomayor -- joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Neil Gorsuch -- wrote that an 1868 treaty between the Crow Tribe and the United States in which the tribe ceded most of its territory in modern-day Wyoming so its members would have a right to hunt on "unoccupied" parts of the land did not expire after Wyoming gained statehood.

"There is also no evidence in the treaty itself that Congress intended the hunting right to expire at statehood, or that the Crow Tribe would have understood it to do so. Nor does the historical record support such a reading of the treaty," Sotomayor wrote in the opinion.

The case concerned Clayvin Herrera, a member of the Crow Tribe who was charged in 2014 with off-season hunting in Bighorn National Forest, according to the court. A Wyoming trial court rejected Herrera's claim that, per the treaty, he had a right to hunt in the forest, the high court said. A jury convicted Herrera, who then appealed the case to the Supreme Court.

Read more: https://www.cnn.com/2019/05/20/politics/supreme-court-native-americans-rights-crow-tribe/index.html

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Supreme Court rules in favor of Native American rights in Wyoming hunting case. (Original Post) elleng May 2019 OP
I believe the SC ruled correctly here. Kaleva May 2019 #1
Surprised that it was Gorsuch who broke instead of Roberts MiniMe May 2019 #2
Ditto. iluvtennis May 2019 #3
Same oldsoftie May 2019 #4
I wonder if the three newest Repug picks pass the hot potato around elfin May 2019 #5

elfin

(6,262 posts)
5. I wonder if the three newest Repug picks pass the hot potato around
Mon May 20, 2019, 07:03 PM
May 2019

to see which one will be a "swing" vote on various decisions. Roberts does not want "his" court known primarily for being a politicized arm of the Trumpublican Party. This strategy would not target him as a "moderate" except every once in a while.

Of course, all bets are off with abortion on the agenda. They want it gone, but in bits and pieces until it is near completely unavailable rather than a quick gutting of Roe.

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