Third Turtle Talk Poll — Whether the Supreme Court Will Grant Cert in the San Francisco Peaks Case

Will the Supreme Court grant cert in Navajo Nation v. United States Forest Service?

The new Solicitor General — Elena Kagan — has until May 8 to file an opposition to the Navajo Nation cert petition. From there, the petitioners can file a reply brief, and the case will head to the Conference, likely in June. Assuming the government opposes the petition, the Court historically is extremely likely to deny cert, especially in a non-criminal case. However, the petitioners have made a credible case that the Ninth Circuit’s en banc opinion — defining “substantial burden” under the Religious Freedom Restoration Act to be far more narrow than any other federal circuit — has created a viable circuit split.

What do you think?

This entry was posted in Author: Matthew L.M. Fletcher, Environmental, Supreme Court and tagged , , , . Bookmark the permalink.

2 Responses to Third Turtle Talk Poll — Whether the Supreme Court Will Grant Cert in the San Francisco Peaks Case

  1. Mary Shomin says:

    To make an informed decision, in case you’re not familiar with the case, this is the link to the Save the Peaks Coalition website:

    http://www.savethepeaks.org/index.html

    Amazing story.

  2. Ivan Gamble says:

    While this case may be held in a court of law, and is burden with all the fallacies of man’s profanity when dealing with holy things or thoughts, it is indeed something that can and will be won by prayer and fasting. I would ask all Hopi, Dine’, Apache, Zuni, Paiute, and others that offer prayers and offerings in respect of the holy mountains called Dook’o’siliid to pray and remind the nation that there have to be some things worth more than man’s profit and the earth’s loss.

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