Herrera v. Wyoming

  • Filed: 09/11/2018
  • Court: U. S. Supreme Court
  • Latest Update: Sep 11, 2018
Herrera v. Wyoming

We filed an Amicus Brief on behalf of Clayvin Herrera, a Crow tribal member, who was exercising his treaty rights when he hunted elk in the Big Horn National Forest in Wyoming in January 2014. In our Friend of the Court brief, we argued that the United States federal government and the state of Wyoming should uphold treaty rights and affirm tribal sovereignty. In 1868, when the Crow Tribe signed the Treaty of Fort Laramie, ceding roughly 30 million acres of land, they exchanged, in part “the right to hunt on unoccupied lands of the United States so long as game may be found thereon, and as long as peace subsists among the whites and Indians on the borders of the hunting districts.” Crow tribal members continue to rely on hunting to feed their families.

Case Number:
17-532
Attorney(s):
Alex Rate, Ashley C. Parrish, and Jeremy Bylund

Herrera v. Wyoming: What You Need to Know

The U.S. Supreme Court will hear oral arguments for Herrera v. Wyoming on Jan. 8, 2019. In taking this case, the Supreme Court has a chance to hold the federal government accountable for a promise that it made to the Crow Tribe 150 years ago. That promise, ratified in the 1868 Treaty of Fort Laramie, guarantees the right of the Crow to hunt and fish on all “unoccupied lands” of the United States. The ACLU of Montana supports tribal sovereignty and signed onto an amicus brief in support of Clayvin Herrera and the Crow Tribe. 

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Great Nations Should Keep Their Word – The U.S. Supreme Court can reaffirm the right of the Crow Tribe to hunt and fish on traditional treaty land

Many commentators express astonishment that deliberate misinformation and broken promises are now the hallmarks of American government. Indigenous communities and individuals, however, don’t share that surprise. For them, the last two hundred years are filled with broken promises and deliberate misinformation from a government hell-bent on occupying every corner of the continent. This fall, the United States Supreme Court has a chance to finally hold the government accountable for the promises that it made to the Crow Tribe in Montana. Those promises, ratified in the 1868 Treaty of Fort Laramie, guarantee the right of the Crow to hunt and fish on all “unoccupied lands” of the United States.

ACLU Indigenous Justice

Related News & Podcasts

News & Commentary
Jan 04, 2019
Indigenous Justice Logo

Herrera v. Wyoming: What You Need to Know

The U.S. Supreme Court will hear oral arguments for Herrera v. Wyoming on Jan. 8, 2019. In taking this case, the Supreme Court has a chance to hold the federal government accountable for a promise that it made to the Crow Tribe 150 years ago. That promise, ratified in the 1868 Treaty of Fort Laramie, guarantees the right of the Crow to hunt and fish on all “unoccupied lands” of the United States. The ACLU of Montana supports tribal sovereignty and signed onto an amicus brief in support of Clayvin Herrera and the Crow Tribe. 
News & Commentary
Sep 11, 2018
ACLU Indigenous Justice

Great Nations Should Keep Their Word – The U.S. Supreme Court can reaffirm the right of the Crow Tribe to hunt and fish on traditional treaty land

Many commentators express astonishment that deliberate misinformation and broken promises are now the hallmarks of American government. Indigenous communities and individuals, however, don’t share that surprise. For them, the last two hundred years are filled with broken promises and deliberate misinformation from a government hell-bent on occupying every corner of the continent. This fall, the United States Supreme Court has a chance to finally hold the government accountable for the promises that it made to the Crow Tribe in Montana. Those promises, ratified in the 1868 Treaty of Fort Laramie, guarantee the right of the Crow to hunt and fish on all “unoccupied lands” of the United States.