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https://www.nbcnews.com/politics/supreme-court/supreme-court-turns-away-native-american-lawsuit-copper-mine-sacred-la-rcna183774>
'WASHINGTON — The Supreme Court on Tuesday rejected a last-minute plea from
Native Americans seeking to challenge a massive copper mining project in
Arizona that would destroy a sacred site used for tribal ceremonies, a weighty
dispute that pitted religious rights against business interests.
The court turned away an appeal brought by the nonprofit group Apache
Stronghold asserting that its members' religious rights will be violated if the
Resolution Copper mine goes forward because it would obliterate Oak Flat, the
site in question.
The Trump administration recently announced its backing of the project, which
is now set to move forward.
Vicky Peacey, general manager at Resolution Copper, said in a statement that
"extensive consultation" with tribes has already led to significant changes to
the project.
Peacey added that the "ongoing dialogue will continue to shape the project."
Wendsler Nosie Sr., a member of Apache Stronghold, said in a statement the
fight would continue.
"While this decision is a heavy blow, our struggle is far from over. We urge
Congress to take decisive action to stop this injustice while we press forward
in the courts," he said.
The court order noted that conservative Justice Samuel Alito did not
participate. It did not say why.
Conservative justices Neil Gorsuch and Clarence Thomas said they would have
taken up the case.
Gorsuch, known for his backing of Native Americans in other cases, said in a
dissenting opinion that it was a "grievous mistake" not to hear the challenge
and suggested the court would have acted differently if the claim were brought
by Christians.
"Just imagine if the government sought to demolish a historic cathedral on so
questionable a chain of legal reasoning. I have no doubt that we would find
that case worth our time," he said. "Faced with the government's plan to
destroy an ancient site of tribal worship, we owe the Apaches no less."'
Via Susan ****
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics