What an I missing here... Alito recused himself from this request. And Gorsuch(!) and Thomas(!!!) were part of five justices who dissented to the decision and wanted to hear the case. How did 3 justices manage to dismiss it when 5 justices wanted to hear the case? Its it different from the simple majority when it comes to hearing a case rather than deciding on a case?
this post was submitted on 27 May 2025
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I read somewhere that the liberal justices were concerned about the religious precedent being used.
I hate how valid a concern is.
The 5 judges were from the lower court's dissent. It wasn't 5 justices at the Supreme Court. It takes 4 Supreme Court justices to grant cert on a case and hear it. It sounds like only Gorsuch and Thomas voted to hear it.
Gorsuch is arguably the most pro-Native American justice the court has ever seen. He started his majority opinion in McGirt v. Oklahoma with this sentence "On the far end of the Trail of Tears was a promise."
Thomas and Gorsuch joined Alito in a 77 page dissent, in Fulton v. City of Philadelphia explicitly calling to overturn a prior case that infringed on Native American's religious liberties by denying benefits to a peyote user.
Okay, that makes more sense. Thanks for the explanation.
I'm glad to help, headlines and sadly even the body of news articles rarely capture nuance. Law and Politics both have their controversies but they are not synonyms. When you peek behind the curtains of headlines, things start to make more sense, because, most everyone thinks that they're being rational. But most of us are simply viewing the matters from different perspectives. There are bad perspectives, but, unfortunately, there is not a best one.
There’s a joke about a Navajo man watching the Apollo astronauts do their desert training.
He tells them a phrase in his language to give to anyone they might meet on the moon that roughly translated to “don’t trust these white assholes they’re just here to steal your land.”
Congress approved a land swap in 2014 that would give Resolution Copper 3.75 square miles (9.71 square kilometers) of forest land in return for eight parcels it owns in Arizona.
Feels like an important piece of the story that is buried down near the bottom.
Probably happened without any consultation with the tribe. Typical settler ways still rule America.
Assholes