On one issue, Supreme Court Justice Neil Gorsuch has regularly sided with the court’s liberals: Strengthening the treaty rights of Native American tribes.
President Donald Trump's first Supreme Court pick, Justice Neil Gorsuch, has established himself as a reliable conservative on the bench.
Those votes, the only 5-4 splits on Native American issues since Gorsuch was confirmed in 2017, have put him at odds with the conservative wing of the bench, including its newest member and fellow Trump appointee, Justice Brett Kavanaugh. The two decisions this term both emerged from disputes arising in western states, Washington and Wyoming.the right of the Crow Tribe to hunt in the Bighorn Mountains, a range that straddles Wyoming and Montana, under the terms of an 1868 treaty. Gorsuch joined with the four liberals on the bench to sign onto an opinion written by Justice Sonia Sotomayor. The opinion clarified that treaties signed in territories that later became states cannot be terminated simply on the basis of statehood.
"To some modern ears, the right to travel in common with others might seem merely a right to use the roads subject to the same taxes and regulations as everyone else," Gorsuch wrote, citing Kavanaugh's dissent. "But that is not how the Yakamas understood the treaty's terms."
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