In loss for religious-freedom advocates, Supreme Court rejects Apache appeal of mine on sacred land
May 28, 2025
In a 6-2 decision, the Supreme Court declined to hear an appeal by the Apache Stronghold, a group of Native Americans seeking to halt the federal government’s transfer of land sacred to the Apaches to a copper mining company.
“Recognizing Oak Flat’s significance, the government has long protected both the land and the Apaches’ access to it,” Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote in his dissent, issued on May 27. “No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.”
“While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations,” Justice Gorsuch continued. “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. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less.”
The Becket Fund for Religious Liberty represented the Apache Stronghold in its appeal.
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