Justice Dissents
On May 27, the Supreme Court refused to hear the case to protect the Western Apache sacred site, Oak Flat, in southeastern Arizona, from destruction by an Australian-owned and Chinese-backed copper mine.
Justice Gorsuch with Justice Thomas of the Supreme Court dissented strongly with this decision pointing out the sharply divided lower Federal courts, as well as their questionable reasoning that destroying what they acknowledge as a sacred site of worship where the Ga’an, holy spirits, dwell does not impose a substantial burden on religious exercise for the Apache. Of course it does.
“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,” wrote Justice Gorsuch.
Read Justice Gorsuch and Justice Thomas’ full disagreement with this decision not to take and hear the case.
