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Gorsuch Gets it Right

JackDallas

Senator
Supporting Member
In my opinion.

The Supreme Court on Monday decided to uphold the hunting rights of the Wyoming-based Crow tribe, ruling that a Crow man charged with illegal off-season hunting in the state’s Bighorn National Forest was protected by a 150-year-old treaty between the federal government and the tribe.

Justice Neil Gorsuch broke the tie in the five to four decision, joining Justice Sonia Sotomayor’s majority opinion stating that an 1868 treaty between the Crow and the U.S. still holds, as the Crow man, Clayvin Herrera, had claimed.

Lower courts had argued that the treaty expired when Wyoming achieved statehood in 1890.

There is not “any 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,” Sotomayor wrote in her opinion.

https://www.nationalreview.com/news/neil-gorsuch-joins-sonia-sotomayors-majority-opinion-in-native-american-hunting-case/

JD: The Democrat governments, after the Civil War broke almost, if not every, treaty they made with the sovereign Indian tribes who occupied the American West. This is one they won't get to break.
 

4/15

Mayor
While I like the decision I disagree as to the political leanings of the treaty breakers.
 
D

Deleted member 21794

Guest
In my opinion.

The Supreme Court on Monday decided to uphold the hunting rights of the Wyoming-based Crow tribe, ruling that a Crow man charged with illegal off-season hunting in the state’s Bighorn National Forest was protected by a 150-year-old treaty between the federal government and the tribe.

Justice Neil Gorsuch broke the tie in the five to four decision, joining Justice Sonia Sotomayor’s majority opinion stating that an 1868 treaty between the Crow and the U.S. still holds, as the Crow man, Clayvin Herrera, had claimed.

Lower courts had argued that the treaty expired when Wyoming achieved statehood in 1890.

There is not “any 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,” Sotomayor wrote in her opinion.

https://www.nationalreview.com/news/neil-gorsuch-joins-sonia-sotomayors-majority-opinion-in-native-american-hunting-case/

JD: The Democrat governments, after the Civil War broke almost, if not every, treaty they made with the sovereign Indian tribes who occupied the American West. This is one they won't get to break.
I agree. And statehood affecting the validity of a treaty with the federal government? Laughable.
 
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