The Supreme Court on Thursday ruled against the Navajo Nation in a legal dispute involving involving water access for the tribe, finding a 1868 treaty does not require the United States to take affirmative steps to secure water for the Navajo.in its decision dismissing the suit brought by the Navajo Tribe against the U.S., with Justice Neil Gorsuch joining with the liberal wing of the bench in dissent.
Joining Kavanaugh's opinion were Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Amy Coney Barrett. Noting the repeated attempts by the Navajo for the U.S. to provide an accounting of the water rights it holds on the tribe's behalf, Gorsuch said their protracted efforts stretch back to when"Elvis was still making his rounds on the Ed Sullivan Show."
During oral arguments in March, the Biden administration told the court that the U.S. has taken numerous steps to help the Navajo Tribe with its water needs, including securing hundreds of thousands of acre-feet of water and approving billions of dollars for water infrastructure on the reservation. A federal district court in Arizona dismissed the suit brought by the Navajo Tribe, finding that the 1868 treaty didn't require the U.S. to take affirmative steps to secure water for the tribe. But the U.S. Court of Appeals for the 9th Circuit reversed, holding that the U.S. has a duty to take action to secure the water needed for the reservation and allowing the suit to proceed.
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