The Supreme Court appeared narrowly divided Monday on the Navajo Nation's bid to maintain its lawsuit seeking additional water for an Arizona-based reservation.
Attorneys for the tribe argued to the 6-3 Republican-appointed majority on the court that the federal government is obligated to provide access to water resources, citing an 1868 treaty that provided land for the tribe to return to a permanent home on their ancestral territory. The case comes after an intense drought in the tribe's Western U.S. territory and a lack of access to reliable and clean drinking water in their homes.But U.S.
By the end of the arguments in Arizona v. Navajo Nation, a majority on the Supreme Court seemed to indicate a potential for the tribe to move forward on its claim with some guardrails, depending on the final decisions by Republican-appointed Justices Amy Coney Barrett and Neil Gorsuch. Gorsuch compared the 1868 treaty to a simple contract in a hypothetical example, positing a scenario wherein someone promised a permanent homeland that included agricultural uses in what turned out to be the Sahara. “You don’t think that’s a breach of good faith and fair dealing?” Gorsuch said.Barrett shared some concerns that the tribe's lawsuit could be utilized to bring forth additional burdens on the federal government, such as requirements to work on new pipelines.
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