Why is Gorsuch randomly so liberal on Native American issues?

[I spent the winter writing songs about getting better]

it's kind of weird and random, he might actually be the single most liberal current justice in this area. Any idea why he is when it seems out of character?

[Bakersfield Uber Alles]

It’s not that he’s a closet liberal on this, it’s more that he actually believes in upholding the treaties that were signed with the various tribes.

Here’s an article in Esquire about Gorsuch and his rulings on Native American issues.

[brucejoel99]

Yeah, it's only weird & random if you were misled into thinking that he'd be a conservative stooge voting in line with the policy preferences of the modern Republican Party platform on every issue. He has a pretty clear judicial philosophy (which often - but not always - aligns with those Republican preferences) & has been pretty rigid in his adherence to it over the course of his career on the federal bench.

[MaxQue]

Being on the 10th Circuit before gave him quite a solid grasp on these issues too.

[KaiserDave]

Gorsuch has a consistent legal philosophy, unlike Alito for instance who is just a GOP party hack.

[World politics is up Schmitt creek]

Now that Ginsburg is dead Gorsuch is one of two remaining Justices who I can believe has a defined, consistent legal philosophy of some kind rather than just ideological Positions, along with Thomas. Bostock and McGirt both derive from a prioritization of text qua text over both GOP orthodoxy and "original intent".

[Kingpoleon]

Now that Ginsburg is dead Gorsuch is one of two remaining Justices who I can believe has a defined, consistent legal philosophy of some kind rather than just ideological Positions, along with Thomas. Bostock and McGirt both derive from a prioritization of text qua text over both GOP orthodoxy and "original intent".

Gorsuch is also absolutely hilarious. Did you hear his Trinity joke?

[KaiserDave]

Now that Ginsburg is dead Gorsuch is one of two remaining Justices who I can believe has a defined, consistent legal philosophy of some kind rather than just ideological Positions, along with Thomas. Bostock and McGirt both derive from a prioritization of text qua text over both GOP orthodoxy and "original intent".

Gorsuch is also absolutely hilarious. Did you hear his Trinity joke?

I'm told he's a very nice man.

[The Mikado]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

[lfromnj]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

[brucejoel99]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

According to a professor of law at the University of Arkansas, the treaty has been "held to be in full force and in effect by federal courts within the last five years."

[Skill and Chance]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

According to a professor of law at the University of Arkansas, the treaty has been "held to be in full force and in effect by federal courts within the last five years."

Very likely only 4 votes now to do aggressive stuff on tribal law though. 

[brucejoel99]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

According to a professor of law at the University of Arkansas, the treaty has been "held to be in full force and in effect by federal courts within the last five years."

Very likely only 4 votes now to do aggressive stuff on tribal law though. 

Though by the time such a case reaches the Court again, we could very well have 11-15 members

[MaxQue]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

According to a professor of law at the University of Arkansas, the treaty has been "held to be in full force and in effect by federal courts within the last five years."

Very likely only 4 votes now to do aggressive stuff on tribal law though. 

Even less. Most aggressive opinions on tribal rights are only signed by 2 people (Gorsuch and Sotomayor).

[Skill and Chance]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

I think that treaty was overruled directly by making all Natives Citizens of the US.

According to a professor of law at the University of Arkansas, the treaty has been "held to be in full force and in effect by federal courts within the last five years."

Very likely only 4 votes now to do aggressive stuff on tribal law though. 

Even less. Most aggressive opinions on tribal rights are only signed by 2 people (Gorsuch and Sotomayor).

McGirt was pretty radical (though quitee correct IMO) and Gorsuch still got it to 5/4.

[Samof94]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

That makes a lot of sense on those issues. There are other countries where certain ethnic groups are automatically given seats in their legislature.

[H.E. VOLODYMYR ZELENKSYY]

Gorsuch is pretty sincere on his originalism "look at the text, ignore everything else" take on the law. One area that works out very well with is Native American law, where Native Americans signed a number of treaties the with the US Government which the US Government had no intention of honoring. Gorsuch just looks at the documents and take their findings literally.

Who knows, maybe the Cherokee Nation is dusting off the US government's 1835 promise that the Cherokee Nation gets an automatic seat in the US House of Representatives. If so, it'd be hilarious watching the government's lawyers just go "but...but...the Cherokee Nation doesn't even make up 1/435th of the US population! But we allocate House seats by state, not ethnic group! But this makes no sense at all!" and Gorsuch is all like "Treaty says House seat, tribe gets House seat.

The Cherokee Nation is dusting off the promise and has appointed a nonvoting delegate, Kimberly Teehee. I don’t know how far she’s gotten, but they definitely are paying attention to the treaty.