Herrera v. Wyoming: A New Trend for Indian Law?

Document Type

Response or Comment

Publication Date


Source Publication Abbreviation

Geo. Wash. L. Rev. On the Docket


On May 20, 2019, the United States Supreme Court, by a 5–4 decision in Herrera v. Wyoming, upheld the treaty-reserved rights of Crow tribal members to hunt in Wyoming’s Bighorn National Forest—an area where the Tribe has sought sustenance for more than three centuries—despite Wyoming’s attempt to regulate those rights.1 While this outcome (and particularly Justice Gorsuch’s role in rendering it) points to the possibility of a new and improved future for tribal rights before the Supreme Court, neither Mr. Herrera nor Indian law more broadly are out of the woods yet.


This article appears on the George Washington Law Review blog website dated 6/11/19