Oklahoma v Castro-Huerta is a ruling in favor of the state (user search)
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  Oklahoma v Castro-Huerta is a ruling in favor of the state (search mode)
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Author Topic: Oklahoma v Castro-Huerta is a ruling in favor of the state  (Read 446 times)
Skill and Chance
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« 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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Skill and Chance
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« Reply #1 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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Skill and Chance
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« Reply #2 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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