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In reply to the discussion: Supreme Court rules against Navajo Nation in water supply case [View all]melm00se
(4,998 posts)45. The Court's logic is
- The treaty "set apart a reservation for the use and occupation of the Navajo tribe,
- The treaty did impose a number of specific duties on the United States.
- The treaty did not contain language that required the federal government to secure water.
This ruling falls along the lines of the Court cannot "infer duties not found in the text of a treaty, statute, or regulation" - or, IOW, the Court can't inject words into a treaty, law or regulation as that is not their role which is interpretive of what the treaty, law or regulation says.
Ruling
https://www.supremecourt.gov/opinions/22pdf/21-1484_aplc.pdf
Treaty in question
https://americanindian.si.edu/static/nationtonation/pdf/Navajo-Treaty-1868.pdf
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Supreme Court rules against Navajo Nation in water supply case [View all]
mahatmakanejeeves
Jun 2023
OP
Just continuing the government's historical approach to Native American rights.
Martin68
Jun 2023
#3
If the headline read "Supreme Court rules in favor of Biden administration in Navajo water case"
MichMan
Jun 2023
#42
True to form, there is a "history and tradition " of screwing over native peoples.
Pepsidog
Jun 2023
#16
The case was more about requiring the government to transport it to every home.
MichMan
Jun 2023
#48