The justice doubled down on old, debunked historical claims instead of embracing newer, more authoritative research.
that conceptual frame in the late nineteenth century. It will be interesting to see whether it can be plausibly restored without succumbing to Thomas’ vision, which would eliminate critical federal protectionsGorsuch’s concurrence ends, as many of his federal Indian law opinions do, with a moving declaration: “Our Constitution reserves for the Tribes a place—an enduring place—in the structure of American life.” It’s thrilling to see this statement written into the U.S. Reports.
has been to stress the space that the original Constitution “reserve[d]” for Native sovereignty while also acknowledging the reality that many of the document’s drafters would have gladly exterminated Native peoples, and sometimes sought to do so.with Tanner Allread, Native peoples engaged heavily with the Constitution and its drafting.
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