Justices Gorsuch, Thomas dissent over high court refusing copper mining case
The U.S. Supreme Court saw significant conservative dissent on a copper mining issue this week, with two of the high court's leading conservative justices expressing their frustration over a recent rejection.
According to The Hill, Justices Neil Gorsuch and Clarence Thomas dissented after the high court "declined to take up a challenge to a land swap enabling mining at a sacred Indigenous site."
The case was brought to the high court by Apache Stronghold, a group that represents Apaches, after it filed an appeal, "asking it to reverse a 9th Circuit decision on religious freedom grounds."
Gorsuch and Thomas made their opinions on the matter crystal clear in their fiery dissent.
What happened?
The Hill noted:
A 2014 law enabled a land transfer between mining company Resolution Copper and the federal government, allowing the miner to take control of a site called Oak Flat in Arizona, which is sacred to the Western Apache.
That didn't sit well with the Apache group, and the high court refusing the case also didn't sit well with Gorsuch and Thomas.
"For centuries, Western Apaches have worshipped at Chí’chil Biłdagoteel, or Oak Flat. They consider the site a sacred and ‘direct corridor to the Creator,’" Gorsuch wrote. "Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground."
Gorsuch added, "Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their cas."
The case would have needed four votes from the high court's bench to bring it up on the docket. It's unclear if any other conservative justices might have agreed with Gorsuch and Thomas on the matter.
It was reported that Justice Samuel Alito recused himself from the case, for reasons unknown.
Lawyers issue statement
Luke Goodrich, part of Apache Stronghold’s legal team and vice president and senior counsel at Becket, issued a statement on the situation.
"It is hard to imagine a more brazen attack on faith than blasting the birthplace of Apache religion into a gaping crater." Goodrich wrote.
Resolution Copper, obviously thrilled with the Supreme Court rejecting the case, issued a statement.
"The Resolution Copper mine is vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals," the company said.