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Justice Gorsuch and what is owed to American Indians | SCOTUSblog

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Much ink has been spilled on Justice Neil Gorsuch’s ardent defense of the rights of American Indians. As legal scholar Ilya Somin noted in 2023, until then “Justice Gorsuch ha[d] never voted against…

Much ink has been spilled on Justice Neil Gorsuch’s ardent defense of the rights of American Indians. As legal scholar Ilya Somin noted in 2023, until then “Justice Gorsuch ha[d] never voted against Native American interests in a Supreme Court case.” Many commentators – those of a liberal bent in particular – have reacted with puzzlement to this aspect of Gorsuch’s jurisprudence. This confusion was perhaps put best (fairly or not) by Mark Joseph Stern, who asked “[h]ow did an archconservative justice on an archconservative bench become the best friend Native Americans have ever had at the…

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