The tribe, which signed a key treaty with the federal government in 1868, argues that under its agreements with the federal government that assured it would have access to land, it was assumed that the government also had a duty to provide necessary water.
The dispute is over whether the government had a legal duty that the tribe can enforce in court. The tribe, which signed a key treaty with the federal government in 1868, argues that under its agreements with the federal government that assured it would have access to land, it was assumed that the government also had a duty to provide necessary water.
The federal government says the tribe is seeking to reopen already decided cases that determine how water in the river is allocated, but Barrett seemed to indicate she agreed with the tribe that the lawsuit did not necessarily require that to happen. "So it's really just about intervening in litigation to assert rights on the Navajo's behalf and to protect them, right, like to safeguard those rights so you're not deprived of them?" she asked.Aside from Gorsuch and Barrett, conservative justices seemed considerably more skeptical about the Navajo lawsuit.
The Biden administration and the three states appealed after the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in favor of the Navajo Nation in 2021, saying it could sue the government for an alleged failure to carry out its duties on behalf of the tribe.
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