The religious freedom case stuck in Supreme Court limbo
As the Supreme Court prepared to hear its second religion case of the current term this week, drama was brewing around a different religious freedom battle that could be taken up soon.
Three new documents have been filed with the court in recent days regarding Apache Stronghold v. United States, a case that's been stuck in Supreme Court limbo for around five months.
The case centers on a proposed mining project in the Oak Flat area of Arizona, which is located about 70 miles east of Phoenix.
In 2021, the federal government moved to begin mining in Oak Flat. Apache Stronghold sued to block the work, arguing that allowing mining in the area would violate federal religious freedom protections.
'Oak Flat is our Mt. Sinai — the most sacred place where generations of Apache have come to connect with our Creator, our faith, and our land,' explained Wendsler Nosie Sr. of Apache Stronghold in a press release in September.
While the lawsuit has delayed the mining project, it hasn't yet succeeded in securing long-term protections for Oak Flat.
Apache Stronghold lost at the district and circuit court levels, where judges said the planned mining project would not substantially burden Native Americans' religious exercise rights.
In September, Oak Flat's defenders asked the Supreme Court to overturn those decisions and rule that religious freedom law protects against mining on sacred land.
As usual, the court collected responses to that petition. What's strange is that the case has been stuck in the conferencing stage since late November.
On Thursday, federal officials announced that, in the absence of Supreme Court action, they've continued to prepare for the mining project and may file the Final Environmental Impact Statement as soon as this summer.
In a Friday letter, Apache Stronghold notified the Supreme Court about that announcement and urged the justices to move the case forward.
'This notice confirms the urgent need for this Court's review,' the letter said.
Then, on Monday, attorneys for Resolution Copper, the mining company involved in the case, filed another new document with the Supreme Court, in which it argued that the government's Thursday announcement 'has no bearing on this case's suitability for review.'
Later on Monday, the Justice Department filed its own letter and similarly argued that Thursday's announcement should have no bearing on the case.
'Nothing about the recent 60-day notice supports petitioner's arguments for further review,' the letter said.
The Supreme Court will next discuss the case on Friday.
At least four justices will need to vote in favor of hearing it for Apache Stronghold v. United States to make it onto the oral arguments schedule.
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