2018 Supreme Court term

CLAYVIN HERRERA v. WYOMING

Dockets 17-532Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case concerns whether Wyoming’s admission to the Union terminated the Crow Tribe’s treaty‑preserved hunting rights on lands ceded in 1868.

Background and question before the Court

According to Petitioner, in 1868 the Crow Tribe ceded 30 million acres to the United States but expressly reserved a right to hunt on the ceded land.

Justice Sotomayor asked whether the treaty automatically terminates the hunting right upon Wyoming’s statehood.

What each side argues

Petitioner (Clayvin Herrera)

According to Petitioner, the treaty’s language limits termination to four specific events, none of which include statehood, so Wyoming’s admission does not end the hunting right.

According to Mr. Hicks, recent precedent in Mille Lacs does not change this analysis; the Court’s prior reasoning still applies.

Respondent (State of Wyoming)

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Justice Sotomayor asked whether the treaty automatically terminates the hunting right upon statehood.

Justice Kavanaugh asked about the practical consequences of the decision.

According to Justice Alito, justice Alito questioned the scope and source of the federal government’s regulatory authority over the land.

According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted after argument.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

According to Frederick Liu, amicus counsel argues that if Mille Lacs applies, the lower court’s ruling should be reversed.

Mr. Knepper argued that the federal government's regulatory authority over national forests derives from the Organic Act.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 5606a8983bff37fdb724-r1-a79afbe9ce733faa.pdforal argument transcript

Guide generated September 26, 2026. Automated validation accepted this version.