Document Type
Brief
Case Name
Apache Stronghold v. United States of America
Publication Date
10-15-2024
Abstract
No. 24-291
Apache Stronghold v. United States of America
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
From the Summary of Argument
Meaningful access to sacred sites such as Oak Flat is an indispensable part of many Indigenous tribes’ religious exercise. Nonetheless, the government has repeatedly denied necessary access to these sites, and even destroyed them, thwarting the ability of tribal members to exercise core aspects of their spiritual practices. Regrettably, the Ninth Circuit’s errant decision denies the Apache people critical legal protections against such destruction—and thus only invites the government to do more of the same. That decision not only gets the law wrong, but it threatens to continue a long and lamentable history of government disregard for Indigenous religious practices. It must be corrected.
Recommended Citation
Meiser, John A. and Kessler, Meredith H., "Brief of Apache Elder Ramon Riley, Professor Michalyn Steele, and Six Native American Rights and Cultural Heritage Organizations as Amici Curiae in Support of Petitioner" (2024). Court Briefs. 57.
https://scholarship.law.nd.edu/sct_briefs/57
Comments
Amici curiae are Apache Elder Ramon Riley, Professor Michalyn Steele, and six Native American rights and cultural heritage organizations. Amici submit this brief to highlight the lower court’s disregard for the drastic harms caused by the destruction of sacred sites and to ensure that the protections of RFRA and the First Amendment extend to the spiritual practices of all Indigenous people.
Table of Authorities include:
Stephanie Hall Barclay & Michalyn Steele, Rethinking Protections for Indigenous Sacred Sites, 134 Harv. L. Rev. 1294 (2021).