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Trump Justices At Odds, Gorsuch Sides With Liberals Against Kavanaugh

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Trump Justices At Odds, Gorsuch Sides With Liberals Against Kavanaugh

Conservative Supreme Court Justice Neil Gorsuch, nominated by President Donald Trump, sided against conservatives in a landmark ruling.

The case involved a treaty that was more than a century old that allowed Native Americans to hunt on “unoccupied lands,” Fox News reported.

The case, Herrera v. Wyoming, deals with a treaty from 1868 which allowed members of the tribe to hunt in “unoccupied lands” in the U.S. in exchange for their land, which went on to become part of Wyoming and Montana. At issue was whether the hunting rights in the treaty are still in effect or were nullified when Wyoming became a state in 1890.

The opinion by Justice Sonia Sotomayor – and joined by Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Gorsuch – ruled that the treaty indeed still applies, and that Crow member Clayvin Herrera was improperly convicted of off-season hunting in Bighorn National Forest in 2014.

The court’s 5-4 ruling, which vacated the decision from the state appellate court, is based on the 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians. In that case, the Supreme Court said that a territory gaining statehood is not enough “to extinguish Indian treaty rights to hunt, fish, and gather on land within state boundaries.” The court went further in that case, stating that Congress “must clearly express” an intention to end a treaty with a Native American tribe in order for the treaty’s rights to expire.

By siding with the traditionally liberal justices, Gorsuch gave them a 5-4 majority in the case.

The opinion came exactly one week after Trump’s other nominee, Justice Brett Kavanaugh, sided with liberals in a 5-4 decision that he wrote, ruling that Apple could be sued by iPhone owners over high prices in their App Store.

Sotomayor, in the latest opinion, also addressed the argument that the land on which Hererra was hunting became “occupied” under the treaty when it became a national forest in 1897. The court’s decision said that while it is possible that certain areas of the forest could be considered occupied, the forest as a whole is not occupied by default simply because it is a national forest.

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Hererra’s attorney, George W. Hicks, celebrated his client’s victory. “We are gratified that the Supreme Court held that the treaty hunting right guaranteed to the Crow Tribe and Mr. Herrera was not abrogated by Wyoming’s admission to the Union or the creation of the Bighorn National Forest,” he said in a statement to Fox News.

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