Red Lake Nation News - Babaamaajimowinan (Telling of news in different places)

Indian Nations Law Update - July 2019

What the Supreme Court Didn’t Decide


The Supreme Court’s 2018-19 term has ended. Tribes scored major victories in Washington State Department of Licensing v. Cougar Den, Inc., 139 S.Ct. 1000 (U.S. 2019), a treaty tax case, and Herrera v. Wyoming, 139 S.Ct. 1686 (2019), a treaty off-reservation hunting rights case. Those decisions are summarized in our April and June updates. Also worth noting are a couple of cases the Court chose not to decide:

The outcome of Carpenter v. Murphy will determine whether the Creek and other Indian reservations within the former Indian Territory continue to exist in the State of Oklahoma, a matter of tremendous significance. The Court heard arguments in November, requested supplemental briefing, which was completed in January, yet still couldn’t reach a decision. On June 27th, the case was “restored to the calendar for reargument” during the term beginning in October. Justice Gorsuch, who supported the tribal position in both the Cougar Den and Herrera cases, has recused himself from the case, which may account for the Court’s difficulty in deciding it.


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