[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Thursday overturned [order, PDF] the US District Court for the Western District of Wisconsin’s [official website] decision [order, PDF] that upheld a state statute prohibiting night hunting outside of Native American tribal reservations. Although state jurisdiction over Native Americans is limited, the district court’s decision was based on “the [state] right to take measures necessary to protect public safety.” The Ojibwe tribes, led by the Lac Courte Oreilles [official website], challenged the decision based primarily on the increase in hunting due to deer population growth and the advent of the chronic wasting disease affecting the population. The appeals court found that the evidence presented by the tribes that night hunting deer is unlikely to present a serious safety problem provided a compelling reason to vacate the district court’s judgment, warranting a reversal of the decision.

Contention about Native American rights and tribal sovereignty has long been prevalent within the United States, with 562 federally recognized Native American tribes enjoying a degree of autonomy from federal and state governments. In 2012 then-UN Special Rapporteur on the rights of indigenous peoples James Anaya called on US officials [JURIST report] to consult with Native Americans in North Dakota about the scheduled sale of land in the Black Hills region of the state. In April 2012 Anaya visited the United States to launch the UN’s first ever investigation into the rights situation [JURIST report] of Native Americans. Anaya concluded [report, PDF] that government measures have not gone far enough to remedy systemic barriers to native rights. Recently many tribal sovereignty issues have revolved around the Indian Gaming Regulatory Act [25 USC § 2701 et seq.] and the operation [JURIST report] of Indian casinos.