WASHINGTON — The Supreme Court ruled against the Navajo Nation on Thursday in a water rights case, rejecting the tribe’s suit against the federal government in a dispute over access to the drought-depleted Colorado River system.
In dissent, Justice Neil Gorsuch, joined by the court’s three liberal members, said the tribe’s request was more modest than that, adding that the government had violated the plain terms of the treaty and had given the tribe an epic runaround. He added that the runaround had persisted for decades: “When this routine first began in earnest, Elvis was still making his rounds on ‘The Ed Sullivan Show.’”
As Kavanaugh framed the question in the case, the tribe sought to force the federal government to take concrete steps to obtain water for it.
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