Gorsuch Breaks With Conservative Justices, Delivering Win to Native American Hunter
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by Fox News | 5.21.19
One of President Trump’s 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.
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.
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