Arizona v. Navajo Nation - The Ignorance of the SCOTUS Majority and the Cowardice of the Dissenting
Today is Wednesday, July 19. I recently read the full SCOTUS Opinion re: the Colorado River water rights case "Arizona v. Navajo Nation". As with most SCOTUS Opinions related to American Indian law, I was both disappointed and infuriated. I invite you to join me for My Second Cup of Coffee as I discuss the case.
LINKS:
SUPREME COURT OF THE UNITED STATES - Arizona vs. Navajo Nation
https://www.supremecourt.gov/opinions/22pdf/21-1484_aplc.pdf
Navajo Nation: Treaty 0f 1868
https://courts.navajo-nsn.gov/Treaty1868.htm
New York Times: Supreme Court Rules Against Navajo Nation in Water Rights Case
https://www.nytimes.com/2023/06/22/us/politics/supreme-court-navajo-nation-colorado-river-water.html
Congressional Research Service: The Supreme Court generally adjudicates by majority rule; whatever legal position garners a majority of votes in favor of its legal position prevails, and the majority’s ruling in that case becomes binding precedent in subsequent cases.
https://crsreports.congress.gov/product/pdf/LSB/LSB10113
Do dissenting opinions have legal bearing?
Unlike majority opinions and similar to concurring opinions, dissenting opinions are not binding law and, therefore, future cases are not obliged to follow them. Nonetheless, dissenting opinions preserve minority viewpoints on contested legal issues and contribute to the public debate of these issues.
Cornell Law School
https://www.law.cornell.edu/wex/dissenting_opinion
Signed copies of Unsettling Truths, the book I co-authored can be purchased on my website:
https://wirelesshogan.com/unsettling-truths/
Patreon: Decolonize faith; Confront racism/white supremacy; Create Common Memory
https://www.patreon.com/wirelesshogan
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