Wisconsin's Chippewa tribes have pushed for years for a tribal night deer hunt. U.S. District Judge Barbara Crabb rejected the notion in 1991. The tribes asked her again two years ago to allow it, arguing the state has allowed night hunting to cull deer and slow chronic wasting disease.
Crabb rejected the request again. Now the tribes have asked the 7th Circuit to overturn the ruling.
The state Justice Department filed a brief with the 7th Circuit on Wednesday saying state employees have always been allowed to kill deer at night and nothing has changed.
Colette Routel, one of the tribes' lead attorneys, didn't immediately return a message.