Herrera v. Wyoming, No. 17-532 was decided by the U.S. Supreme Court this morning. The case is mostly about tribal treaty rights and the effect of subsequent statehood on them. However, it does arise in the context of a criminal case, for hunting elk off-season and without a license, so I thought it was worth a note here. The treaty survives, and the Crow Tribe retains the right to hunt on unoccupied lands of the United States, including "unoccupied" portions of national forest, despite state law. Precise definition of "unoccupied" remains to be determined.

For those who like to keep track, it's a 5-4 decision. Justice Sotomayor wrote the opinion of the Court, joined by the other "liberals" and Justice Gorsuch. Justice Alito wrote the dissent.