May 30, 2019
When Conservative SCOTUS Justices Are Liberal and Vice Versa
On Monday, May 20, the Supreme Court decided in favor of an American Indian man, Clayvin Herrera, in Herrera v. Wyoming. Essentially, Herrera was found guilty of off-season hunting at Bighorn National Forest. Herrera believed he had the right to hunt there, citing the Treaty of Ft. Laramie. The treaty states that the Native Americans can "hunt on the unoccupied lands of the United States so long as game may be found thereon, and as long as peace subsists among the Whites and Indians on the borders of the hunting districts."
The lower courts in Wyoming convicted Clayvin Herrera, a Crow tribal member, for violating state hunting laws, notwithstanding the promise in an 1868 federal treaty that the tribe and its members preserved the right to hunt on "unoccupied" land. The lower courts did not accept the validity of the treaty. However, the Supreme Court overturned the lower courts, siding with Herrera and...(Read Full Article)