Supreme Court update: Gorsuch, the justice with utmost dedication to Native American sovereignty.

Supreme Court Justice Neil Gorsuch: A Champion for Native American Rights

Supreme Court Justice Neil Gorsuch has once again proven himself to be a passionate defender of Native American rights. In two recent rulings, Gorsuch wrote extensively about the unique status of tribes in our legal system.

In one of the cases, Gorsuch joined Justice Amy Coney Barrett’s majority opinion in Haaland v. Brackeen, which upheld the Indian Child Welfare Act. This law, enacted in 1978, aims to prevent the separation of Native American children from their tribes. Gorsuch added his own 38-page concurrence, highlighting the historical context of the law and the mass removal of Native American children from their families between the 1950s and 1970s.

“No doubt, ICWA sharply limits the ability of States to impose their own family-law policies on tribal members. But as we have seen, state intrusions on tribal authority have been a recurring theme throughout American history,” Gorsuch wrote.

In another case, Gorsuch broke from the majority ruling authored by Justice Ketanji Brown Jackson. The majority held that the U.S. Bankruptcy Code overrides the immunity of all governments, including federally recognized Indian tribes. Gorsuch, in his scathing dissent, argued that tribes enjoy a unique status in our law and that the Bankruptcy Code should not infringe upon their sovereignty.

“Tribes enjoy a unique status in our law. Because this reading of the statute is itself (at worst) a plausible one, I would hold that the Bankruptcy Code flunks this Court’s clear-statement rule and reverse,” he wrote in his 17-page dissent.

Gorsuch’s commitment to Native American rights is not new. Even during his time on the U.S. Court of Appeals for the 10th Circuit, he consistently ruled in favor of tribes. His deep understanding of Indian law and the issues surrounding it is evident in his opinions.

Legal scholars and Native American leaders have praised Gorsuch for his dedication to Native American sovereignty. George Washington University law professor Jonathan Turley called him “one of the most committed and consistent voices for Native American rights in the Court’s history.”

In 2020, Gorsuch delivered a landmark opinion that declared much of eastern Oklahoma as tribal land. This ruling, known as McGirt, was hailed as one of the most consequential decisions for Native Americans in the past century.

“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever,” Gorsuch wrote in his McGirt ruling.

When Gorsuch was nominated by former President Donald Trump in 2017, Native American leaders expressed their support, citing his knowledge of federal Indian law and his respect for tribal values.

Justice Neil Gorsuch continues to be a powerful advocate for Native American rights, leaving a lasting impact on our legal system.

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