U.S. Supreme Court Schedules Apache Stronghold's Case for December

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U.S. Supreme Court to Consider Apache Stronghold's Case to Save Oak Flat in December

By Brenda Norrell, Censored News, Nov. 22, 2024

WASHINGTON -- The U.S. Supreme Court will likely consider Apache Stronghold's case on December 6, Apache Stronghold said today. The U.S. government plans to turn Apaches ceremonial place Oak Flat over to an international mining giant to destroy it with a massive copper mine that would poison the land and water.

Apache Stronghold said if the Supreme Court considers the case on December 6, they could hear on December 9 whether the high court will take the case, or it could take more time to consider it.

"Either way, we take this as an encouraging sign that the Court is devoting extra time to our case and giving it careful examination. We ask all of our supporters to continue praying that the justices will agree to hear our case and protect Oak Flat -- just as the sacred places of other faiths have long been protected throughout the country," Apache Stronghold said today.

The Supreme Court had scheduled to consider the case for review on November 22, but rescheduled the case for December 6.

Apache Stronghold's Wendsler Nosie, Sr. pointed out that a writ of certiorari would order the lower court to forward all documents on the case to the U.S. Supreme Court. However, the Supreme Court is selective and only hears cases when at least four of the justices believe the case raises a significant federal question that is in the public interest.

Apache Stronghold filing for review at the U.S. Supreme Court on Sept. 11, 2024. Photo Becket law firm.

Apache Stronghold filed for review in September.

A coalition of Western Apaches, other Native peoples, and non-Native allies asked the Supreme Court to protect their sacred site at Oak Flat from destruction by a multinational mining giant.

"In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals refused to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever," Apache Stronghold and its law firm," Becket Law, said in a statement on the day it was filed.

"The Apaches and their allies hosted a day of prayer outside the Court as they asked the Justices to save the spiritual lifeblood of their people."

"Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat, outside of present-day Superior, Arizona, for sacred religious ceremonies that cannot take place anywhere else. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for decades."

"These protections were targeted in December 2014 when a last-minute provision was inserted into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper is a foreign-owned mining company that plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater."

"The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.

“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,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “We pray the Justices will protect Oak Flat and ensure that our place of worship is not treated differently simply because it lacks four walls and a steeple.”

"Apache Stronghold—a coalition of Apaches, other Native peoples, and non-Native allies—filed this lawsuit in January 2021 seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona and by the National Congress of American Indians."

"Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled earlier this year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat. After unsuccessfully asking all 29 judges on the Ninth Circuit to rehear the case, Apache Stronghold has filed their appeal to the Supreme Court."

“Blasting the birthplace of Apache religion into oblivion would be an egregious violation of our nation’s promise of religious freedom for people of all faiths,” said Luke Goodrich, vice president and senior counsel at Becket.

“The Court should uphold its strong record of defending religious freedom by ensuring that the Apaches can continue worshiping at Oak Flat as they have for centuries.”

Watch this short video to learn more 

A Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ. The U.S. Supreme Court is very selective about which cases it will hear, accepting cases only when at least four of the justices believe the case raises a significant federal question that is in the public’s interest. To explore this concept, consider the following writ of certiorari definition.