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No. 17-532October Term 2018Decided May 20, 2019

Docket 17-532October Term 2018 (2018–2019)

Herrera v. Wyoming

This case concerned a Crow Tribe member’s Wyoming hunting conviction after he killed elk in Bighorn National Forest and argued that an 1868 treaty still allowed tribal members to hunt on unoccupied federal land.

Case status

Current stage
Decided
Latest event
Decision released May 20, 2019
Case Accepted
Arguments
Decision ReleasedMay 20, 2019
What it's about

This case concerned a Crow Tribe member’s Wyoming hunting conviction after he killed elk in Bighorn National Forest and argued that an 1868 treaty still allowed tribal members to hunt on unoccupied federal land. The Supreme Court considered whether that treaty right survived Wyoming’s statehood and the later creation of the national forest.

Question presented

Whether Wyoming's admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians' 1868 federal treaty right to hunt on the "unoccupied lands of the United States," thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

Case path

District Court of Wyoming, Sheridan County / Decision released May 20, 2019

Area

Decided Supreme Court case

Timing

Decided May 20, 2019

The Court released its decision on May 20, 2019 without hearing oral argument.

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 3, 2026
Primary materials5