The Supreme Court's first opinion of the day is in Lac du Flambeau. Justice Jackson's 8–1 opinion holds that the Bankruptcy Code abrogates tribe's sovereign immunity. Only Gorsuch dissents.
The Supreme Court's first opinion of the day is in Lac du Flambeau. Justice Jackson's 8–1 opinion holds that the Bankruptcy Code abrogates tribe's sovereign immunity. Only Gorsuch dissents.
https://www.supremecourt.gov/opinions/22pdf/22-227_i426.pdf It's remarkable that Gorsuch continues to be pro-tribal dignity, even in cases where no other justice agrees.
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A longer dissent than majority opinion, with lots of twists and turns and hypertechnical readings and citations to law review articles and court dissents to make his point. I agree @[email protected], Gorsuch continues is pro-tribal jurisprudence. Maybe it's consistent with his ultra-textualist and libertarian world view, or maybe it's because of his Colorado upbringing, or maybe it's something else.
Interesting discussion in the majority opinion about "all-inclusive" examplar pairs to show a broad statutory scope -- with examples "rain or shine," "near and far," "foreign and domestic."