SCOTUS upholds tribal hunting rights in Herrera v. Wyoming

May, 2019 -- In Herrera v. Wyoming, the United States Supreme Court upheld the Crow Tribe of Indians' treaty right to hunt on unoccupied lands outside its reservation, ruling that the right survived Wyoming's statehood.  Justice Sonia Sotomayor, writing the opinion for the majority in this 5-4 decision, expressly repudiated prior precedent finding treaty rights can be impliedly extinguished at statehood.  Instead Justice Sotomayor noted that a treaty right remains unless Congress clearly expresses an intent to abrogate the right or "a termination point identified in the treaty has been satisfied."  Relying on the long-standing Indian law principle that treaties must be interpreted as they would have been understood by the Indians, the majority also ruled that the Bighorn National Forest did not become categorically "occupied" within the meaning of the 1868 treaty when the  national forest was set aside.  Links to the decision, analysis, news articles, and case materials are available at