New v. United States
In brief
The Supreme Court declined to hear the case (denied the petition), so it did not decide whether the Navajo Treaty requires the United States to pay damages.
- Where it stands
- Decided
Decided · June 1, 2020
- What it’s about
- The Court declined to review the Ninth Circuit’s ruling that the 1868 Navajo Treaty’s “bad men” provision does not require the United States to pay damages to a Navajo victim of a crime committed by a non-Indian on the reservation.
- Who it affects
- The Ninth Circuit’s ruling remained in place for this case, but the Supreme Court gave no answer on whether the treaty requires the United States to pay damages.
Summary: written with AI from the case record.
What it's about
The United States therefore prevailed, and the lower court’s decision remained in place.
The dispute centered on whether the treaty’s “bad men” provision, which mentions arrest, punishment, and reimbursement, creates a damages claim against the United States.
Question presented
Whether the "bad men" provision of the 1868 Treaty with the Navajo, which provides that the United States will "cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained," requires the United States to pay money damages to a Navajo victim of a crime committed by a non-Indian on the Navajo Reservation.
What the Court decided
Holding
Petition DENIED.
What's next
This Supreme Court docket action is finished. The Ninth Circuit’s ruling remains in place in this case; the Supreme Court did not resolve the treaty question.
Documents
Opinions
Key filings
Docket activity
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AI analysis generated: Case Briefing
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More questions
- What did the Ninth Circuit decide?
- It ruled that the treaty provision does not require the United States to pay damages to a Navajo victim of a crime committed by a non-Indian on the reservation.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.