South Dakota v. Bourland, 508 U.S. 679, 3 (1993)

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Cite as: 508 U. S. 679 (1993)

Opinion of the Court

Indian hunting and fishing—do not undercut this statutory analysis. Pp. 694-697.

949 F. 2d 984, reversed and remanded.

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, O'Connor, Scalia, and Kennedy, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Souter, J., joined, post, p. 698.

Mark Barnett, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was John P. Guhin, Deputy Attorney General.

Brian Stuart Koukoutchos argued the cause for respondents. With him on the brief were Laurence H. Tribe, Mark C. Van Norman, Steven C. Emery, and Timothy W. Joranko.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General O'Meara, Edwin S. Kneedler, Edward J. Shawaker, David C. Shilton, and Thomas L. Sansonetti.*

Justice Thomas delivered the opinion of the Court.

In this case we consider whether the Cheyenne River Sioux Tribe may regulate hunting and fishing by non-Indians on lands and overlying waters located within the Tribe's res-*Briefs of amici curiae urging reversal were filed for the State of Montana et al. by Marc Racicot, Attorney General of Montana, and Deanne L. Sandholm, Assistant Attorney General, and by the Attorneys General for their respective States as follows: James H. Evans of Alabama, Grant Woods of Arizona, Daniel E. Lungren of California, Nicholas J. Spaeth of North Dakota, Paul Van Dam of Utah, and Kenneth O. Eikenberry of Washington; for Corson County, South Dakota, et al. by Kenn A. Pugh; and for the International Association of Fish and Wildlife Agencies by Paul A. Lenzini.

William R. Perry, Reid Peyton Chambers, and Charles A. Hobbs filed a brief for the Standing Rock Sioux Tribe et al. as amici curiae urging affirmance.

681

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