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Cake day: July 7th, 2023

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  • 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.