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NEW MEXICO v. MESCALERO APACHE TRIBE

No. 82-331.

462 U.S. 324 (1983)

NEW MEXICO ET AL. v. MESCALERO APACHE TRIBE

Supreme Court of United States.

Decided June 13, 1983

Attorney(s) appearing for the Case

Thomas L. Dunigan, Special Assistant Attorney General of New Mexico, argued the cause for petitioners. With him on the briefs were Paul Bardacke, Attorney General, and Paul A. Lenzini.

George E. Fettinger argued the cause for respondent. With him on the brief were Kathleen A. Miller and Kim Jerome Gottschalk.

Deputy Solicitor General Claiborne argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Lee, Assistant Attorney General Dinkins, and Jacques B. Gelin.*

Briefs of amici curiae urging affirmance were filed by Frank E. Maynes for the Southern Ute Indian Tribe; by Martin E. Seneca, Jr., for the Uintah and Ouray Tribe; and by Robert C. Brauchli for the White Mountain Apache Tribe.

JUSTICE MARSHALL delivered the opinion of the Court.

We are called upon to decide in this case whether a State may restrict an Indian Tribe's regulation of hunting and fishing on its reservation. With extensive federal assistance and supervision, the Mescalero Apache Tribe has established a comprehensive scheme for managing the reservation's fish and wildlife resources. Federally approved tribal ordinances regulate in detail the conditions under which both members...

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