In a 5-4 decision, the court sided with Clayvin Herrera in his appeal of an $8000 fine from Wyoming in 2014 for hunting elk off-season, without a license in the state's Bighorn National Forest.
Herrera argued that an 1868 treaty between his tribe and the federal government explicitly protected a right to hunt on"unoccupied lands" at any time. Wyoming claimed that the right disappeared when the state entered the union, and when the federal forest land was designated, making it"occupied." Sotomayor, who was joined on the opinion by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Neil Gorsuch, invoked the court's precedent that"Congress must clearly express any intent to abrogate Indian treaty rights."
As for whether a national forest constitutes"occupied" land, the majority wrote that the reserve could not be categorically considered such. But they left open the door for Wyoming to argue in lower court that a narrowly defined area in which Herrera was hunting was in fact occupied.
If this Native American was hunting to provide food for his family. O.K. If he was hunting just for the sport of it, he is no better than the trophy hunters killing lions, tigers, elephants, etc. I don't care what tribe he belongs to.
The Feds givith and the states try to taketh away. The American Indian is living proof of the most suppressed humans on our continent.
Time to end these treaties
Ain’t this the whole truth 😂👏🏾
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FRIGGEN' REDICULOUS ! THESE INDIANS HAVE NO RESPECT FOR ARE COUNTREY ! MAGA
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