Neil Gorsuch handed down one decision that left Trump asking one big question
Donald Trump planned on campaigning for re-election being able to cite Neil Gorusch’s appointment to the Supreme Court as a major achievement.
But those plans are on hold.
And it’s because Neil Gorsuch handed down one decision that left Trump asking one big question.
On the final day of the Supreme Court’s current term, Neil Gorsuch delivered a jaw-dropping decision holding that under some circumstances the eastern half of Oklahoma belonged to the Creek Indians.
The case involved convicted child rapist Jimmy McGirt and the question of whether the Creek Tribe had a legitimate treaty with Andrew Jackson, which made where McGirt was arrested federal land not under the jurisdiction of state prosecutors.
Gorsuch ruled that for the Major Crimes Act – which gives federal authority over tribal lands – the answer was yes.
“For MCA purposes, land reserved for the Creek Nation since the 19th century remains ‘Indian country,’” Gorsuch argued.
Gorsuch’s opinion was so bizarre that not even left-leaning Chief Justice John Roberts could go along for the ride.
Roberts argued that Congress solved this problem through a series of legislative moves when it made Oklahoma a state.
“None of this is warranted,” Roberts added. “What has gone unquestioned for a century remains true today: A huge portion of Oklahoma is not a Creek Indian reservation. Congress disestablished any reservation in a series of statutes leading up to Oklahoma statehood at the turn of the 19th century. The Court reaches the opposite conclusion only by disregarding the ‘well settled’ approach required by our precedents.”
This is not the first strange opinion from Gorsuch this term.
Gorsuch previously executed a stunning betrayal of conservatives when he wrote the opinion granting special rights to homosexuals and transgenders.