SCOTUS: Outcome of Carpenter v. Murphy (Creek Nation case)

[I’m not Stu]

Gorsuch is recused because he heard the case on the 10th Circuit. What will the outcome be (Creek Nation disestablished or not)? Will the case deadlock? Who writes the majority opinion? A deadlock automatically means the reservation wasn’t disestablished due to the 10th Circuit’s ruling. Notice the number of opinions in the December sitting, when the case was argued.

[An American Tail: Fubart Goes West]

I don’t think this will deadlock. To me it seems like a relatively straight forward case; I’m thinking that the reservation(s) will stand as they did before 1907. Poor showing by congress of that time. They forgot to cross their t’s and dot their i’s *and* j’s.

No idea who will write it though.

[I’m not Stu]

I don’t think this will deadlock. To me it seems like a relatively straight forward case; I’m thinking that the reservation(s) will stand as they did before 1907. Poor showing by congress of that time. They forgot to cross their t’s and dot their i’s *and* j’s.

No idea who will write it though.

Roberts, Alito, and Kavanaugh seem to believe it was disestablished; if you examine their comments when it was argued. Thomas was silent as usual, but he generally opposes tribal sovereignty. This makes me think there will be a deadlock. The court tries to spread opinions fairly evenly. Every justice has one opinion from that sitting. I expect a per curiam opinion, which is especially common when cases deadlock or become moot.