Sunday, January 29th, 2023
Sunday, January 29th, 2023

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Take a read through Judge Barbara Crabb's ruling on Chippewa night shining of deer

Dean BortzWe have posted Federal Court Judge Barbara Crabb's Dec. 13 tribal night deer shooting ruling here in its entirety. You will find that the judge makes some interesting points if you take the time to read her decision from top to bottom. It sounds as though she warns the tribes not to come back to the court with any other petitions in the future – what's done is done, now live with it. If that is the case, then the same warning goes to the state. It will be unfortunate if the state interprets Crabb's words that way. It looks as thought the state has finally figured out what type of legal effort it needs to make in order to be successful against tribal treaty rights claims. It would be nice to see the state go back in and try to win a few points in off-reservation fish spearing (primarily the virtually unregulated winter spearing of muskies), but that might be too much to hope for at this point, given Crabb's warnings in this decision.

It also looks as though Judge Crabb has left some pointers for her successor. Crabb is working as a retired judge. Federal restrictions on replacing retired judges may lift soon and if that happens, President Obama will be able to name a replacement for Crabb. That judge would then most likely handle any future Chippewa treat rights issues.

Here is Judge Crabb's decision.

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