Gorsuch's singular commitment for Native justice is one of the most encouraging developments at the Supreme Court so far this century.
, but he penned a characteristic concurrence infused with profound empathy for the Native peoples. It’s just the latest in a long line of cases in which Gorsuch has gone to bat for indigenous communities, bemoaning their centuries of persecution by United States government.
There is, however, another element of Gorsuch’s Indian law decisions that isn’t captured by his personal biography. A persistent theme of Gorsuch’s jurisprudence is a conviction that the nation’s ills can almost always be attributed to some deviation from the Constitution’s original design, and that restoring constitutional governance as envisioned by the framers will right many wrongs of American history. Nowhere is that belief more consistent—and true—than in the Indian law cases.
. Under the Article of Confederation, some states refused to respect treaties between tribal nations and the federal government, preferring instead to claim Indian land as their own through violent conquest. To avoid this result, the new Constitution gave Congress exceedingly broad power to regulate relations with Native peoples, including the authority to “make treaties” with tribes.
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