Oklahoma v Castro-Huerta is a ruling in favor of the state
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March 29, 2024, 10:42:33 AM
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  Oklahoma v Castro-Huerta is a ruling in favor of the state
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Author Topic: Oklahoma v Castro-Huerta is a ruling in favor of the state  (Read 433 times)
I知 not Stu
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« on: June 27, 2022, 11:51:06 AM »
« edited: June 29, 2022, 09:02:12 AM by Phlorida Man »

Kavanaugh likely writes a decision in favor of Oklahoma.
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Dereich
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« Reply #1 on: June 27, 2022, 12:11:29 PM »


Nothing in your link indicates that this is the case.
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I知 not Stu
ERM64man
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« Reply #2 on: June 27, 2022, 12:16:45 PM »

Kavanaugh is the only one who hasn稚 written anything from the April sitting.
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Dereich
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« Reply #3 on: June 27, 2022, 12:53:39 PM »

Kavanaugh is the only one who hasn’t written anything from the April sitting.

So? Its not like its a rule that they should be spaced out among justices. Plus there are plenty of other big cases remaining that he could get over an April one; I think he might get the EPA case if they don't want to let Gorsuch end Chevron deference. Plus, even if they did want to give him something from April, Biden v. Texas is still available too.
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I知 not Stu
ERM64man
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« Reply #4 on: June 27, 2022, 01:48:30 PM »

Kavanaugh is the only one who hasn稚 written anything from the April sitting.

So? Its not like its a rule that they should be spaced out among justices. Plus there are plenty of other big cases remaining that he could get over an April one; I think he might get the EPA case if they don't want to let Gorsuch end Chevron deference. Plus, even if they did want to give him something from April, Biden v. Texas is still available too.
If Biden wins Biden v Texas, I imagine the opinion is a per curiam dismissal of Texas' lawsuit. That would make the opinions for the April sitting even.
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Skill and Chance
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« Reply #5 on: June 27, 2022, 03:23:33 PM »

Agreed.  I just don't see where Gorsuch finds a 5th vote for expansive pro-tribe interpretations of Indian law anymore.  Maybe Thomas depending on the technicalities of the individual cases, but that's unlikely.   
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Donerail
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« Reply #6 on: June 27, 2022, 05:21:29 PM »

Agreed.  I just don't see where Gorsuch finds a 5th vote for expansive pro-tribe interpretations of Indian law anymore.  Maybe Thomas depending on the technicalities of the individual cases, but that's unlikely.   
Barrett, if Ysleta is any indication.
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Skill and Chance
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« Reply #7 on: June 28, 2022, 04:43:02 PM »

Agreed.  I just don't see where Gorsuch finds a 5th vote for expansive pro-tribe interpretations of Indian law anymore.  Maybe Thomas depending on the technicalities of the individual cases, but that's unlikely.   
Barrett, if Ysleta is any indication.

Oh, wow, didn't know about that one.  If she is generally on board with Gorsuch for expansive tribal rights, that is a game-changer!
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I知 not Stu
ERM64man
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« Reply #8 on: June 28, 2022, 10:42:47 PM »

Roberts and/or Kavanaugh was in the majority of Sharp v Murphy, which was 6-2 or 5-3. Might Castro-Huerta get at least one of them as a fifth vote.
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Skill and Chance
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« Reply #9 on: June 29, 2022, 12:26:33 AM »

Roberts and/or Kavanaugh was in the majority of Sharp v Murphy, which was 6-2 or 5-3. Might Castro-Huerta get at least one of them as a fifth vote.

I think all that meant was they were honoring the precedent from the other case, McGirt?  It is not at all  surprising that Roberts and Kavanaugh would vote to recognize a precedent they originally dissented from. 
 
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I知 not Stu
ERM64man
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« Reply #10 on: June 29, 2022, 09:01:07 AM »

It痴 Kavanaugh in favor of Oklahoma.
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politicallefty
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« Reply #11 on: June 29, 2022, 09:01:47 AM »


Indeed it is. Gorsuch writes the dissent, joined by the liberals.

What an awful decision.
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I知 not Stu
ERM64man
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« Reply #12 on: June 29, 2022, 09:02:21 AM »

I knew it.
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If my soul was made of stone
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« Reply #13 on: June 29, 2022, 09:06:00 AM »

"Abortions for some, miniature Cherokee Nation flags for others" 鋒eil Gorsuch
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