Ward v. Race Horse

Ward v. Race Horse
Argued March 11–12, 1896
Decided May 25, 1896
Full case nameWard v. Race Horse
Citations163 U.S. 504 (more)
16 S. Ct. 1076; 41 L. Ed. 244
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field · John M. Harlan
Horace Gray · David J. Brewer
Henry B. Brown · George Shiras Jr.
Edward D. White · Rufus W. Peckham
Case opinions
MajorityWhite, joined by Fuller, Field, Harlan, Gray, Shiras, Peckham
DissentBrown
Brewer took no part in the consideration or decision of the case.
Overruled by
Minnesota v. Mille Lacs Band of Chippewa Indians (1999, in part); Herrera v. Wyoming (2019, in full)

Ward v. Race Horse, 163 U.S. 504 (1896), is a United States Supreme Court case argued on March 11–12, 1896, and decided on May 25, 1896. The case concerned the right of the Bannock people to hunt on unoccupied land per an 1868 treaty with the U.S. The case was decided in favor of the state of Wyoming and set a precedent that state laws had precedence over Indian treaties, massively checking tribal sovereignty and giving the Supreme Court the right to determine Congress’s implicit intentions when signing Indian Treaties. The case influenced many twentieth century cases dealing with hunting rights, conservation, and state’s rights and the precedent it set wasn’t overturned until 2019 in Herrera v. Wyoming.