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United States v. Dion | 476 U.S. 734, 106 S.Ct. 2216, 90 L.Ed.2d 767 (1986)
Abrogation is a fancy word for abolishment or annulment. Abrogation came up in United States versus Dion, which explored the conflict between a treaty made with an Indian tribe and conservation legislation passed a century later.
In eighteen fifty eight, the United States government and the Yankton Sioux tribe signed a treaty that granted the Yankton the exclusive right to hunt and fish on their reservation.
In nineteen forty, Congress passed the Eagle Protection Act. It added more protections for eagles in the Endangered Species Act in nineteen seventy three.
In the eighties, the United States Fish and Wildlife Service became concerned that Native Americans in South Dakota were killing eagles and selling their feathers and carcasses. The service’s undercover investigation Operation Eagle netted several members of the Yankton Sioux tribe, including Dwight Dion.
Dion was charged with taking and selling bald and golden eagles in violation of the Eagle Protection Act and the Endangered Species Act.
Dion argued that his right to hunt on the Yankton reservation was protected by the treaty. The government countered that the hunting rights reserved in the treaty had been abrogated by subsequent federal legislation.
The district court dismissed the charge that Dion shot a golden eagle but convicted him of shooting four bald eagles.
On appeal, the Eighth Circuit held that the acts didn’t abrogate Dion’s treaty rights to hunt eagles on the reservation for noncommercial purposes. Because the jury hadn’t found that Dion had shot the eagles for commercial purposes, the court vacated Dion’s conviction for shooting the bald eagles in violation of the Endangered Species Act. It affirmed the dismissal of the golden eagle charge.
The United States Supreme Court granted cert.
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