Page:Herrera v. Wyoming, 587 U. S. (2019) (slip opinion).pdf/38

Rh first ground adopted by the Tenth Circuit in Repsis—that is, the ground that relied on Race Horse. Ante, at 18, n. 5. But nowhere in the decision below can any such limitation be found. The Wyoming appellate court discussed the second ground for the Repsis judgment, see App. to Pet. for Cert. 22 (“[T]he creation of the Big Horn National Forest resulted in the ‘occupation’ of the land, extinguishing the off-reservation hunting right”), and it concluded that the judgment in Repsis, not just one of the grounds for that judgment, “preclude[s] Herrera from attempting to relitigate the validity of the off-reservation hunting right that was previously held to be invalid,” App. to Pet. for Cert. 31.

Herrera takes a different approach in attempting to circumvent the effect of the alternative Repsis ground. When a judgment rests on two independently sufficient