The Supreme Court on Tuesday declined to take up a challenge to a land swap enabling mining at a sacred Indigenous site, garnering pushback from conservative justices Neil Gorsuch and Clarence Thomas.
A 2014 law enabled a land transfer between mining company Resolution Copper and the federal government, allowing the miner to take control of a site called Oak Flat in Arizona, which is sacred to the Western Apache.
A group called Apache Stronghold, which says it represents Apaches, other Native peoples, and non-Native allies, appealed the case to the Supreme Court, asking it to reverse a 9th Circuit decision on religious freedom grounds.
The high court declined to take up the case Tuesday without explaining its decision. However, Gorsuch issued a dissent, joined by Thomas.
“For centuries, Western Apaches have worshipped at Chí’chil Biłdagoteel, or Oak Flat. They consider the site a sacred and ‘direct corridor to the Creator,’” Gorsuch wrote. “ Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.”
“Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case,” he added.
For the court to take up a case, it needs at least four votes in favor of doing so. It’s not clear whether any other justices voted with Gorsuch and Thomas. Justice Samuel Alito recused himself.
Posted by John3262005
2 Comments
Why did Alito recuse himself? Also I would have expected Gorsuch + the libs to dissent.
Gorsuch at the beginning of every hearing: we acknowledge we are on the traditional territories of the…