[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

Israeli Strikes On Iran Ongoing Through Friday As Death Toll Surpasses 100

From Torah to trauma: A Satanic child abuse scandal blows up in Israel

MAGA Influencer Calls to Deploy Palantir on LA Streets

Egypt detains nearly 200 foreigners who flew in to join Gaza march

FLASHBACK - How Mayor Daley dealt with looters!

Scammers Use AI Bots to Impersonate Students, Stealing Millions in Financial Aid

Bilderberg 2025 begins. Global elites gather in Stockholm. AI, migration, and national security dominate

I Wish We All Could Leave California (Beach Boys Parody)

Exclusive: US slams UN conference on Israel-Palestinian issue, warns of consequences

Brilliant & Critical Insight!

Legal Immigrants Shift to GOP on Immigration, Shows 40-Point Swing from Democrats

American fuel tankers were spotted REFUELING ISRAELI JETS over Syria.

Does Western Civilization Have Enough Belief to Continue to Exist?

Trump CLEARLY KNEW of Israel's Plan To STRIKE IRAN

Trump Warns 'Even More Brutal' Attacks Coming Without Nuclear Deal

10 Supplements That Fight Inflammation

CNN Security Analyst Defends Agents Who Removed Senator Padilla From Kristi Noem Presser

Florida sheriff warns rioters: 'We will kill you graveyard dead'

DEMOCRATS' NIGHTMARE: Viral Video Shows Why They LOST The Election!

Israeli strikes on Iran. Five Waves. Might last 2 weeks?

Images Emerge Of Tehran Destruction After Major Israeli 'Preemptive Attack'

This Is What Happens Next After Israel Bombs Iran’s Nuclear Facilities…

Smartmatic accused of deleting evidence in 27 Billion Fox News Defamation Case Court Docs

White House Fears Iranian Response To An Attack Could Overwhelm Israel's Air Defenses

The Money and Power Behind the Riots: This is No Grass-Roots Movement

D.C. Judge Sides With Trump In Lawsuit Over Control Of Corrupt Foreign Aid Agency

Israel Iran Double Standard

Soros Funneled $8.3M into Leftist Group Trying to Turn Lone Star State Blue

California Democrats Under Fire for Buying Bricks During Protests

ICE Launches Campaign to Crack Down on Marriage Fraud Could Ilhan Omar Finally Face Justice?


Dead Constitution
See other Dead Constitution Articles

Title: Gorsuch breaks with conservative justices, delivering win to Native American hunter
Source: [None]
URL Source: https://www.msn.com/en-us/news/us/g ... ter/ar-AABDNIT?ocid=spartanntp
Published: May 20, 2019
Author: Ronn Blitzer
Post Date: 2019-05-20 18:34:07 by BTP Holdings
Keywords: None
Views: 182
Comments: 1

Gorsuch breaks with conservative justices, delivering win to Native American hunter

Ronn Blitzer 4 hrs ago

© Provided by Thomson Reuters, LLC U.S. Supreme Court Justices Kavanaugh, Gorsuch and Kagan attend Presidential Medal of Freedom ceremony in Washington One of President Trump’s Supreme Court nominees sided Monday with the liberal wing of the Supreme Court for the second time in two weeks, as Justice Neil Gorsuch joined a narrow majority in support of a Native American man convicted for hunting in a national forest.

The case, Herrera v. Wyoming, deals with a treaty from 1868 which allowed members of the tribe to hunt in “unoccupied lands” in the U.S. in exchange for their land, which went on to become part of Wyoming and Montana. At issue was whether the hunting rights in the treaty are still in effect or were nullified when Wyoming became a state in 1890.

KAVANAUGH SIDES WITH LIBERAL JUSTICES AGAINST APPLE, DEALS BLOW TO TECH GIANT IN APP STORE CHALLENGE

The opinion by Justice Sonia Sotomayor – and joined by Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Gorsuch – ruled that the treaty indeed still applies, and that Crow member Clayvin Herrera was improperly convicted of off-season hunting in Bighorn National Forest in 2014.

The court’s 5-4 ruling, which vacated the decision from the state appellate court, is based on the 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians. In that case, the Supreme Court said that a territory gaining statehood is not enough “to extinguish Indian treaty rights to hunt, fish, and gather on land within state boundaries.” The court went further in that case, stating that Congress “must clearly express” an intention to end a treaty with a Native American tribe in order for the treaty’s rights to expire.

By siding with the traditionally liberal justices, Gorsuch gave them a 5-4 majority in the case.

The opinion came exactly one week after Trump’s other nominee, Justice Brett Kavanaugh, sided with liberals in a 5-4 decision that he wrote, ruling that Apple could be sued by iPhone owners over high prices in their App Store.

Sotomayor, in the latest opinion, also addressed the argument that the land on which Hererra was hunting became “occupied” under the treaty when it became a national forest in 1897. The court’s decision said that while it is possible that certain areas of the forest could be considered occupied, the forest as a whole is not occupied by default simply because it is a national forest.

Hererra’s attorney, George W. Hicks, celebrated his client’s victory. “We are gratified that the Supreme Court held that the treaty hunting right guaranteed to the Crow Tribe and Mr. Herrera was not abrogated by Wyoming’s admission to the Union or the creation of the Bighorn National Forest,” he said in a statement to Fox News.

Gorsuch’s conservative colleagues, led by Justice Samuel Alito, argued in a dissenting opinion that the majority has it all wrong. Alito, like the lower court’s decision, relied on an 1896 case involving a similarly worded treaty between Wyoming and the Shoshonee and Bannack tribes, which also was from 1868. That case, Ward v. Race Horse, said that when Wyoming became a state, it ended the treaty. This ruling was based on the idea that states have the authority “to regulate the killing of game within their borders.”

Additionally, the conservative dissent said that a 1995 10th Circuit opinion in Crow Tribe of Indians v. Repsis dealt with the exact issue in Hererra’s case, relying on the precedent in Race Horse to say that the Crow Tribe’s hunting rights under their treaty expired when Wyoming became a state. Because the issue was already decided in that case, the dissent said, it was improper for it to be heard again here.

The majority opinion addressed the Race Horse and Repsis cases, stating that the more recent 1999 Mille Lacs case renders them obsolete. Sotomayor also wrote that it did not matter that the same treaty had been addressed in the past, because the Mille Lacs case represented a "change in [the] applicable legal context." The conservatives disagreed.


Poster Comment:

Gorsuch did the right thing here. Indian treaty takes precedence over other things.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: BTP Holdings (#0)

Gorsuch did the right thing here.

Absolutely! the right thing.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken

Lod  posted on  2019-05-20   18:42:29 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]