Snoqualmie Tribe Asks U.S. Supreme Court to Review Hunting and Gathering Lawsuit

[bigtex]

Snoqualmie Tribe Asks U.S. Supreme Court to Review Hunting and Gathering Lawsuit
by Snoqualmie Tribe | Mar 14, 2022 | News, Release

Chairman Says “one of the most dangerous federal cases involving tribal rights in decades”

Snoqualmie Indian Reservation – The Snoqualmie Indian Tribe, a federally recognized Tribe in King County and a signatory of the Treaty of Point Elliott (1855), filed a petition for a writ of certiorari Friday asking the U.S. Supreme Court to consider its hunting and gathering civil rights case against Governor Jay Inslee and Washington Department of Fish and Wildlife. The Tribe is petitioning to overturn a Ninth Circuit Court of Appeals’ decision that denied Snoqualmie’s treaty status and stripped it of its hunting and gathering treaty rights reserved in the Treaty of Point Elliott, despite the fact the United States has repeatedly confirmed the Tribe as a treaty signatory.

“If this outrageous decision stands, all it will take is one federal judge acting with malice to threaten the rights of any Tribe in America,” said Chairman Robert M. de los Angeles. “This is one of the most dangerous federal cases involving tribal rights in decades, and every Tribe in the country should fear the idea of giving a federal judge the right to unilaterally nullify any Tribal right, anywhere in America.”

In American jurisprudence, treaties are considered the “supreme law of the land”, and the Executive Branch is responsible for their execution, while Congress alone is solely empowered to abrogate treaty terms. No act of Congress has modified the Treaty of Point Elliott, and the U.S. Department of the Interior has repeatedly acknowledged that Snoqualmie is a treaty signatory with treaty rights. In late August 2021, the Ninth Circuit, rejecting centuries of settled law, refused to recognize Snoqualmie’s treaty rights by relying on a 1979 decision issued when Snoqualmie was unrecognized and landless.

“Just as fourteen representatives of the Snoqualmie Indian Tribe signed the Treaty of Point Elliott in order to protect their descendants’ rights, culture, and ancestral lands,” concluded Chairman de los Angeles, “so too will our generation of Snoqualmie leaders never surrender the fight to protect the human rights of the next seven generations of our Tribe.”

The case originated from a 2019 decision by the Washington State Department of Fish and Wildlife (WDFW), which unilaterally informed Snoqualmie that it had determined—without consulting Snoqualmie or the United States government — that “the Snoqualmie Tribe does not have off-reservation hunting and fishing rights under the Treaty.” WDFW and Governor Jay Inslee refused repeated requests for state officials to stop meddling in a federal issue, forcing the Tribe to sue to obtain relief from harassment from state law enforcement officials.

“This was an unnecessary legal fight that Governor Inslee and WDFW volunteered for and then refused to back down from, despite the state having no material interest in the outcome,” says Chairman de los Angeles. “It is sickening that Washington State is wasting taxpayer resources and state employee time trying to prevent a Snoqualmie grandmother from gathering huckleberries, or a Snoqualmie veteran from hunting deer to support his family. It is inconsistent with everything our state stands for, and the values we teach our children.”

https://snoqualmietribe.us/snoqualmie-tribe-asks-u-s-supreme-court-to-review-hunting-and-gathering-lawsuit/

[Boss .300 winmag]

🤔

[huntnphool]

trying to prevent a Snoqualmie grandmother from gathering huckleberries, or a Snoqualmie veteran from hunting deer to support his family.

 This is comical!

 Perhaps the Snoqualmie Tribe should join a hunting/fishing site or two, and familiarize themselves with the berry picking, family supporting tribal members in other tribes that have abused these rights!

 Thanks for the update BT.

[Skyvalhunter]

I had to bite my tongue on this one.

[trophyhunt]

Is there anything to stop them from buying a hunting/fishing license and following the rules off reservation?  Must suck to be like the other 99% of the population.

[Meathunter06]

That's terrible that poor old grandma can't pick huckleberries damn 

[pd]

This is an interesting topic.  The crux of the issue is not treaty rights.  Actually, it has more to do with separation of powers.

Historically, the Snoqualmie Tribe was "reservation-less" and not federally recognized.  The executive branch "recognized" the tribe, then came the reservation (bought from fee simple land and from federal land??), then the casino....

It seems the question is whether the executive branch can, ex post facto, recognize a tribe and thus include them on established fishing rights (a la Boldt).  Executive vs. legislature, and thus cert. to the Supremes.  I wonder how this will play out?

My guess?  The Roberts court is very "conservative."  (Not your usual understanding of the term, but meaning they are reluctant to establish precedent.  The polar opposite of the Warren court.). I am willing to bet the Supremes find a way to deny cert. or to punt it somehow to somebody else.

[Boss .300 winmag]

Is there anything to stop them from buying a hunting/fishing license and following the rules off reservation?  Must suck to be like the other 99% of the population.

I believe that question is very rhetorical.🤣

[GWP]

I can see both sides to this. On one hand, we made an agreement/contract 'way back' to settle issues. Sort of like our Constitution. To decide 'Well,,, we have decided we don't want to abide by that any more...' Sort of like the attacks on our Constitution, is BS and I can see where they have an issue with it.
ANY time Gov't starts making changes to long standing contracts or rules, whether by decree (exec order) or a 'panel' (court), it is one foot in the door for more changes to come.
The new mag ban is an example. If I am not mistaken, once a 'mag ban' is in place, where they have done them, they have followed up later with a ban on any gun that can hold one.
You know, because it is 'reasonable'.

[pianoman9701]

This is what happens when you have a power-hungry governor. He ignores laws, ignores treaties, ignores the needs of his constituents and independent businesses, all to get his jollies. He'll lose the suit and the taxpayer will end up footing the bill. The states have zero power to change or ignore U.S. treaties.

[bigtex]

This is what happens when you have a power-hungry governor. He ignores laws, ignores treaties, ignores the needs of his constituents and independent businesses, all to get his jollies. He'll lose the suit and the taxpayer will end up footing the bill. The states have zero power to change or ignore U.S. treaties.

Sorry but this has nothing to do with Inslee, he just happened to be the governor at the time of the suit. Do you think a relublican governor would've granted them hunting rights?

The Snoqualmie tribe lost in unanimous decision last year in front an entirely democrat appointed three judge Ninth Circuit panel.

Sent from my SM-G973U using Tapatalk

[pianoman9701]

This is what happens when you have a power-hungry governor. He ignores laws, ignores treaties, ignores the needs of his constituents and independent businesses, all to get his jollies. He'll lose the suit and the taxpayer will end up footing the bill. The states have zero power to change or ignore U.S. treaties.

Sorry but this has nothing to do with Inslee, he just happened to be the governor at the time of the suit. Do you think a relublican governor would've granted them hunting rights?

The Snoqualmie tribe lost in unanimous decision last year in front an entirely democrat appointed three judge Ninth Circuit panel.

Sent from my SM-G973U using Tapatalk

He's named in the suit, is he not? He must've been involved somehow. He certainly didn't fight for the tribe's rights in the treaty.

[bigtex]

This is what happens when you have a power-hungry governor. He ignores laws, ignores treaties, ignores the needs of his constituents and independent businesses, all to get his jollies. He'll lose the suit and the taxpayer will end up footing the bill. The states have zero power to change or ignore U.S. treaties.

Sorry but this has nothing to do with Inslee, he just happened to be the governor at the time of the suit. Do you think a relublican governor would've granted them hunting rights?

The Snoqualmie tribe lost in unanimous decision last year in front an entirely democrat appointed three judge Ninth Circuit panel.

Sent from my SM-G973U using Tapatalk

He's named in the suit, is he not? He must've been involved somehow. He certainly didn't fight for the tribe's rights in the treaty.

When you sue a state agency, you also sue the governor. When you sue a city agency you also sue the mayor. When you sue a fed agency you also sue the president. If a WSP Trooper pulls over someone and violates their rights, who gets sued? The Trooper, his Chief, and the Governor.

As an example, numerous groups sued US Fish and Wildlife over opening numerous wildlife refuges to hunting, who was also named in the suit? Trump, why? Because he was president at the time of the decision. Did he actually make the decision? Of course not, but he was the chief executive over that agency at that time.

Governors get sued almost daily. Very rarely were they actually involved in the actions that led to the suit. But they are the chief executive of the state, and those actions by lower level employees were essentially making the decisions on his behalf.

Sent from my SM-G973U using Tapatalk

[pianoman9701]

OK, I understand your explanation BT. But regardless, Inslee still sucks.

[Whitefoot]

trying to prevent a Snoqualmie grandmother from gathering huckleberries, or a Snoqualmie veteran from hunting deer to support his family.

 This is comical!

 Perhaps the Snoqualmie Tribe should join a hunting/fishing site or two, and familiarize themselves with the berry picking, family supporting tribal members in other tribes that have abused these rights!

 Thanks for the update BT.
smh!

[Meathunter06]

trying to prevent a Snoqualmie grandmother from gathering huckleberries, or a Snoqualmie veteran from hunting deer to support his family.

 This is comical!

 Perhaps the Snoqualmie Tribe should join a hunting/fishing site or two, and familiarize themselves with the berry picking, family supporting tribal members in other tribes that have abused these rights!

 Thanks for the update BT.

This is getting out of hand maybe they should try to get a job

[Whitefoot]

 

trying to prevent a Snoqualmie grandmother from gathering huckleberries, or a Snoqualmie veteran from hunting deer to support his family.

 This is comical!

 Perhaps the Snoqualmie Tribe should join a hunting/fishing site or two, and familiarize themselves with the berry picking, family supporting tribal members in other tribes that have abused these rights!

 Thanks for the update BT.

This is getting out of hand maybe they should try to get a job