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Cherokee Nation attorney general says Supreme Court decline keeps hunting, fishing case in federal court
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Summary
At the March 26 Rules Committee meeting Attorney General Chad Harshaw told council members the U.S. Supreme Court declined an original action filed by Oklahoma’s governor, leaving the tribe’s treaty-reserved hunting and fishing litigation in the U.S. District Court for the Northern District of Oklahoma. Harshaw called the development 'a big win for us.'
Attorney General Chad Harshaw told the Cherokee Nation Rules Committee on March 26 that the U.S. Supreme Court declined to take up an original action filed by Oklahoma’s governor challenging an attorney-general opinion about tribal hunting and fishing rights.
"We filed our case in the Northern District Of Oklahoma, asserting our treaty reserved hunting and fishing rights," Harshaw said, summarizing the tribe’s federal litigation and the state’s challenge. He said the Supreme Court’s order declined to take the governor’s original action and included language indicating the federal court where the tribe filed is the proper forum to analyze the issues.
"So it's a it's a big win for us," Harshaw said of the court's decision. He added that the tribe expects additional filings in the case in the coming week aimed at advancing resolution before Judge Egan.
Harshaw also provided a brief update on separate litigation the Nation has against district attorneys Carol Iskey and Matt Ballard, saying the parties are preparing additional briefing and that filings are expected in the coming days.
Why it matters: by remaining in federal court, the tribe’s claims about treaty-reserved hunting and fishing rights will be decided in a forum Harshaw described as "more appropriate" for treaty issues. Harshaw emphasized the litigation’s priority for the Nation and said he anticipated further filings will help move the case toward a decision.
The committee did not take any action on the litigation update; Harshaw invited questions and said the office will continue to report on developments as filings proceed.
