Gorsuch, Thomas dissent as Supreme Court declines to take up Apache challenge to copper mine

[mahatmakanejeeves]

Source: The Hill

COURT BATTLES
Gorsuch, Thomas dissent as Supreme Court declines to take up Apache challenge to copper mine

BY RACHEL FRAZIN 05/27/25 11:04 AM ET

The Supreme Court on Tuesday declined to take up a challenge to a land swap enabling mining at a sacred Indigenous site, garnering pushback from conservative justices Neil Gorsuch and Clarence Thomas.

A 2014 law enabled a land transfer between mining company Resolution Copper and the federal government, allowing the miner to take control of a site called Oak Flat in Arizona, which is sacred to the Western Apache. ... A group called Apache Stronghold, which says it represents Apaches, other Native peoples, and non-Native allies, appealed the case to the Supreme Court, asking it to reverse a 9th Circuit decision on religious freedom grounds.

The high court declined to take up the case Tuesday without explaining its decision. However, Gorsuch issued a dissent, joined by Thomas.

"For centuries, Western Apaches have worshipped at Ch'chil Biłdagoteel, or Oak Flat. They consider the site a sacred and 'direct corridor to the Creator,'" Gorsuch wrote. " Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground."

{snip}

Read more: https://thehill.com/regulation/court-battles/5319722-gorsuch-thomas-dissent-apache-copper-mine/amp/

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https://www.supremecourt.gov/orders/courtorders/052725zor_p8k0.pdf

I expect Gorsuch and Thomas will receive great praise at DU for their dissent.

[Midnight Writer]

1. For christ's sake, how many times are white men going to screw over our indigenous people?

[Bayard]

6. Theft of Indigenous lands

It never stops.

[Polybius]

14. And in this case, all of the Court's women

All four of them voted against this, plus three white men. 7-2, yikes.

[mahatmakanejeeves]

15. 6-2 to deny. "ALITO took no part in the consideration or decision of this petition."

The petition for a writ of certiorari is denied. JUSTICE
ALITO took no part in the consideration or decision of this
petition.
JUSTICE GORSUCH, with whom JUSTICE THOMAS joins,
dissenting from the denial of certiorari.

I just noticed that myself.

And good morning.

[bucolic_frolic]

2. SCOTUS seems passive-aggressive & contrarian

When your ideological opposites agree, you must go counter trend.

[hlthe2b]

3. Well, the two dissents only underscore the "broken clock" theory...

Do we offer great praise to the broken clock?

[slightlv]

4. And here is direct evidence of how "religious freedom"

is going to be respected for every faith other than xtianist.

[TomSlick]

5. I will be interested to see how the Apaches respond.

People can get testy when you attack their religion.

[Torchlight]

7. Makes me wonder what Gorsuch's and Thomas' true motivations are.

It certainly isn't human or indigenous rights, and it will most certainly line their pockets after all is said and done; I'm just curious as to the meat and potatoes of this legal dissent and the process of their profit.

[mahatmakanejeeves]

8. Gorsuch has long been a strong advocate for indigenous rights.

Why that is so puzzles many people.

Mark Joseph Stern
‪@mjsdc.bsky.social‬

Follow
The Supreme Court refuses to consider whether the Religious Freedom Restoration Act bars the government from destroying a sacred Western Apache site by turning it into a copper mine. Gorsuch, joined by Thomas, has an incandescently angry dissent. www.supremecourt.gov/orders/court...
The petition for a writ of certiorari is denied. JUSTICE
ALITO took no part in the consideration or decision of this
petition.
JUSTICE GORSUCH, with whom JUSTICE THOMAS joins,
dissenting from the denial of certiorari.
For centuries, Western Apaches have worshipped at
Chí’chil Biłdagoteel, or Oak Flat. They consider the site a
sacred and “direct corridor to the Creator.” Pet. for Cert. 8.
It is a place where tribal members conduct “religious ceremonies that cannot take place elsewhere.” Ibid. Recognizing Oak Flat’s significance, the government has long protected both the land and the Apaches’ access to it.
No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.
To extract copper lying beneath the land, they plan to blast
tunnels that will result in a crater perhaps 1,000 feet deep
and nearly two miles wide. 101 F. 4th 1036, 1131 (CA9
2024) (en banc) (Murguia, C. J., dissenting). “It is undisputed” that the government’s plan will permanently “destroy the Apaches’ historical place of worship, preventing
them from ever again engaging in religious exercise” at Oak
Flat. Id., at 1129.
ALT
May 27, 2025 at 9:35 AM

The Supreme Court refuses to consider whether the Religious Freedom Restoration Act bars the government from destroying a sacred Western Apache site by turning it into a copper mine. Gorsuch, joined by Thomas, has an incandescently angry dissent. www.supremecourt.gov/orders/court...

— Mark Joseph Stern (@mjsdc.bsky.social) 2025-05-27T13:35:40.743Z

[Torchlight]

9. Between his Dobbs' decision

Kennedy v. Bremerton school district, and his submissive support of Trump’s travel ban, he pretty much advertises the content of his judicial character with a very bright klieg light.

[DoBW]

12. it's an op, like maggats always do

they get to play impartial like real justices, knowing in advance the thing's doomed anyway

[mahina]

10. I donʻt understand this. Iʻm under a fair amount of stress and time stress too atm but this makes no sense to me.

From the OPʻs comment that Gorsuch and Thomas will get DU kudos, Iʻve got it sideways.

[Polybius]

13. Gorsuch has a strong history in siding with Native American issues before the court, so his vote I get

But Thomas joining surprises me. And where were our three?

[bluestarone]

16. Agree! Where the hell are we?

Them two dissent? WTH is going on with THIS court. Are they fucking crazy?

[pecosbob]

11. FAFO...wannabe John Galts spawn George Haydukes.

Just sayin'.

[EX500rider]

17. The big issue is the land is not reservation land but Federal Land..

....and letting religion dictate what happens on Federal land sounds like a bad idea to me, regardless of which religion.

Who voted how is a big tell.