The Supreme Court on Monday ruled in favor of a Native American elk hunter, citi...
FILE PHOTO: A bull elk with velvet still on it's antlers grazes near Madison in Yellowstone National Park, Wyoming, June 19, 2011. REUTERS/Jim Urquhart/File Photo
In a 5-4 ruling, the high court sided with Crow Tribe member Clayvin Herrera. It found that the treaty, which gave tribe members hunting rights on “unoccupied” lands, is still in force even though it was signed before Wyoming became a U.S. state in 1890. Monday’s ruling does not immediately void Herrera’s conviction because the state can still argue that the Bighorn National Forest location where he and others hunted bull elk in 2014 is not “unoccupied,” meaning he would not have been able to legally hunt there.
“Yet despite the apparent importance of the hunting right to the negotiations, Wyoming points to no evidence that federal negotiators ever proposed that the right would end at statehood,” Sotomayor wrote. “This silence is especially telling.”
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