Judge Neil Gorsuch Provides Another Decisive Vote in the Native Rights Case: NPR



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Supreme Court Justice Neal Gorsuch has turned out to be a deciding vote several times on the rights of Native Americans.

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Alex Wong / Getty Images

Supreme Court Justice Neal Gorsuch has turned out to be a deciding vote several times on the rights of Native Americans.

Alex Wong / Getty Images

The United States Supreme Court ruled in favor of the rights of Native Americans in case 5-4 in a Wyoming case. Judge Gorsuch provided the decisive vote in this case and again showed sensitivity to the rights of Native Americans as Coloradan.

The court ruled that the hunting rights of the Ravens tribe were 19th The treaty of the century did not expire when Wyoming became a state. The case involved a member of the tribe, Clayvin Herrera, who was charged with hunting out of season in the Bighorn National Forest, Wyoming.

There is "no evidence in the treaty itself that Congress provided that the right to hunt expires at the time of the creation of the state, or that the Crow tribe would have understood," Judge Sonia wrote Sotomayor on behalf of the majority.

Gorsuch also provided the fifth vote in another treaty deal with the American Indians regarding the "Yakama tribe and its right, under a treaty of 1855, to roam public roads without being taxed on the products brought into the reserve ", as Nina Totenberg of NPR wrote in March.

More context: "For those who know Gorsuch's criminal record, his vote was not a surprise – after all, he is the only Westerner to serve on the Supreme Court, prior to his appointment to the Court in 2017. He had spent 11 years as president of the Denver-based Federal Court of Appeal – a court that covers six states and encompasses 76 recognized Indian tribes. "

The Oklahoma court made another important decision regarding the rights of Native Americans – Charpentier c. Murphy – but Gorsuch is denied the case, which means that it could lead to a dead end.

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