SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

Federal Cert Opposition Brief in Apache Stronghold

Here:

Cert petition here. Tribal amicus briefs here.

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Here:

Cert petition here.

Apache Stronghold v. United States Cert Petition

Here:

Lower court materials here.

Arizona Federal Court Enjoins BLM from Allowing Lithium Exploration Project Near Sacred Waters

Here are the materials so far in Hualapai Indian Tribe v. Haaland (D. Ariz.):

1 Complaint

11 Motion for TRO

15 Federal Opposition

28 Mining Company Response

32 DCT Order Granting TRO

Quechan Wins $8M+ FTCA Judgment for Negligent Destruction of Cultural Property

Here are materials in Quechan Indian Tribe v. United States (S.D. Cal.):

405 Tribe Damages Brief

405-1 Meyer Dec

405-2 Meyer Dec Exh A

405-3 Somerville Dec

Dkt 407 Judgment

Doc 404 Findings Conclusion and Order

Prior post here.

Ninth Circuit Rejects Native Religious Claims in Oak Flat Land Swap Dispute

Here is the opinion in Apache Stronghold v. United States.

Links to briefs and other materials here.

Ninth Circuit En Banc Oral Argument in Apache Stronghold v. United States

Briefs here.

En banc stage amicus briefs here.

Amicus Briefs in the Ninth Circuit En Banc Stage of Apache Stronghold v. United States

Here is the fantastic amicus brief on behalf of tribes and tribal orgs written by April Youpee-Roll at Munger and Jason Searle and Beth Wright at NARF:

Here are the other briefs:

Mennonite Amicus Brief

Mormon Church Amicus Brief

Protect the First Amicus Brief

Religious Liberty Scholars Amicus Briefs

Sikh Amicus Brief

Prior post here.

Ohio SCT Affirms Condemnation of Golf Course Built on Octogon Earthworks

Here are the materials in State of Ohio ex rel. Ohio History Connection v. Moundbuilders Country Club Company:


2022-Ohio-4345

Country Club Brief

Ohio History Connection Brief

Reply

Prior post here.

NYTs coverage here.