Gorsuch Crossover Vote Leaves Tribes Cautiously Optimistic

Justice Neil Gorusch may prove to be a reliable vote for tribal groups coming before the U.S. Supreme Court.

Gorsuch sided with his four more liberal colleagues March 19 in finding that an 1855 treaty between the federal government and the Yakama tribe precluded Washington state from imposing a fuel import tax on tribal-owned businesses.

“Really, this case just tells an old and familiar story. The State of Washington includes millions of acres that the Yakamas ceded to the United States under significant pressure. In return, the government supplied a handful of modest promises. The State is now dissatisfied with ...