Guest Post: Bob Hershey on Contemporary Attacks on Sacred Sites

KILLERS OF THE FLOWER MOON IS A STUDY IN GENOCIDAL VILLANY: THE UNITED STATES CONTEMPORARY WAR ON NATIVE AMERICAN SACRED SITES CONTINUES THE RAMPAGES OF THAT ERA.

By what imagined rights does the United States attempt to legitimize its original conquest of Indigenous Peoples and continue to obliterate Native Americans’ Holy Places? In the quest for mineral enrichments–be it oil, copper, lithium, or uranium– how long should we enable and benefit from the sort of genocidal dispossession depicted in Killers of the Flower Moon?

            From first contact between Europeans and Indigenous Peoples, dehumanization of American Indians has been the invention necessary to Colonialism. To this end Spain’s monarchs solicited pontifical decrees, “Papal Bulls.” Popes blessed inherently non-Christian subjugations of “heathens, infidels, and savages,” birthing the Doctrine of Discovery, the notion that cross-Atlantic sea travel somehow conveyed title to “America” to European nations. Pope Francis repudiated this indefensible foundation for White Supremacy earlier this year (link), but its legal and cultural legacies live on, perpetuating the inhumane treatment of Indigenous Peoples so poignantly depicted in Killers.

Founding American myths of the righteousness of conquest and of Manifest Destiny both fed and were propagated by the Marshall Trilogy, the suite of Supreme Court opinions (1823 –1832) at the root of U. S. American Indian Law. The first chief justice, John Marshall, wrote that the courts of the conqueror would not apologize for bringing the benefits of “civilization” to America’s Native Nations. Marshall argued that leaving Native Peoples in possession of their lands and resources would condemn America to a forever wilderness and that solving the “Indian problem” required subordination of Native Americans as “wards of the state.”

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Seventh Circuit Briefs in Bad River v. Enbridge

Here:

Lower court materials here, here, and here.

Eleventh Circuit Briefs in Muscogee (Creek) Nation v. Rolin [Hickory Creek]

Here:

Reply brief TK

Lower court materials here.

Utah District Court Dismisses Utah and Individual Challenges to Bears Ears National Monument

On Friday, August 11, 2023, United States District Judge David Nuffer of the United States District Court of the District of Utah granted motions to dismiss the cases challenging the Bears Ears National Monument designation.

Here is the Order:

Previous post with briefs here and here.

Bears Ears at Sunset. Photo credit: Tim Peterson.

D.C. Federal Court (again, mostly) Dismisses Narragansett Challenge to Federal Approval of Highways

Here is the order in Narragansett Indian Tribe v. Pollack (D.D.C.):

Ninth Circuit Rejects Effort to Stop Lithium Mine in Nevada

Here is the unpublished opinion in Western Watersheds Project v. McCullough. And same for the Bartell Ranch/Burns Paiute case.

Selected briefs:

Lower court materials here.

Motion to Dismiss briefing in Bears Ears Litigation

Native American Church Suing Bank for Discrimination Based on Peyote and Race

Here are the materials so far in Mashkikii-Boodawaaning (Medicine Fireplace) v. Chippewa Valley Valley Agency Ltd. (W.D. Wis.):