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High Court Remains Supportive Of Tribal Treaty Rights

Law360 (May 23, 2019, 1:52 PM EDT) -- On Monday, May 20 — for the second time during the 2018-2019 term — Justice Neil M. Gorsuch joined the four U.S. Supreme Court Democratic-appointed justices in a 5-4 decision, authored by Justice Sonia Sotomayor, to support tribal treaty rights.[1]

This time, in Clayvin Herrera, Petitioner v. Wyoming, the majority concluded that the Crow Tribe’s reserved hunting right survived Wyoming’s statehood and that the lands within Big Horn National Forest did not become categorically “occupied” when set aside as a national reserve.[2]

The case arose from a Wyoming state criminal conviction for elk hunting violations on lands within the Big Horn...

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