Neil Gorsuch Casts Decisive 5th Vote In Treaty Case, Exposes Liberals As Frauds In Process


Neil Gorsuch was opposed by the left with such venom and hysteria we thought the left could never top it.

Then we saw what they did to Brett Kavanaugh and realized it was all an act. Literally, the left tried to trash two good men for cheap political points.

I am sure that some Democrat will drag out some horrible treatment of a liberal judge by conservatives and tell me both sides do it, but that doesn’t make it right.

The sad fact remains, the constant and erroneous attacks on Gorsuch and Kavanaugh undermine the legitimacy of the court because people who don’t know the game start to believe them.

Gorsuch is one of the preeminent legal minds in America but the left wants you to think of him as some plant by the federalist society, bought and paid for.

So it is absolutely necessary to remind the goons on the left what an impartial judge Gorsuch is, one who decides based on law, not politics.

From NPR: On Tuesday, Gorsuch split from his conservative colleagues, siding with the court’s more liberal members in a case involving the Yakama Tribe and its right under an 1855 treaty to travel the public roads without being taxed on the goods brought to the reservation.

Not only did he provide the decisive fifth vote in the case, he wrote an important concurring opinion for himself and Justice Ruth Bader Ginsburg, the leader of the court’s liberal wing.

For those familiar with Gorsuch’s record, his vote was not a surprise. He is, after all, the only westerner on the Supreme Court; indeed, prior to his 2017 appointment to the court, he served for 11 years on the federal court of appeals based in Denver — a court that covers six states and encompasses 76 recognized Indian tribes.

The issue before the court on Tuesday centered on the Yakama Indian Nation and one of its members who owns a wholesale fuel company, Cougar Den Inc., that imports large amounts of gasoline from Oregon to gas stations on the Yakama reservation in Washington state.

Washington imposes a per-gallon tax on those who import large amounts of fuel from out of state, using public highways. The state had assessed taxes of more $3.6 million on Cougar Den. The company and the tribe objected, contending that the taxes were barred by an 1855 treaty agreement between the Yakama Nation and the U.S. government.

On Tuesday, five justices agreed. Justice Stephen Breyer wrote one opinion for three members of the court — himself and Justices Elena Kagan and Sonia Sotomayor.

Gorsuch wrote a concurring opinion for himself and Ginsburg using somewhat different reasoning. But the heart of the case was the meaning of the 1855 treaty that guaranteed the Yakamas the right to travel on all public highways.

To the four conservative dissenters, led by Chief Justice John Roberts, that meant members of the Yakama Tribe would be able to use the roads, as every other citizen does, paying the same taxes and licensing fees.

To Gorsuch and Breyer, that would be an “impotent” interpretation of the treaty originally negotiated.

The Yakamas knew in 1855 that they were going to lose most of their lands. But the record, said Gorsuch, also shows that the Yakamas knew their land was “worth far more than an abject promise they would not be made prisoners on their reservations.”

In fact, he observed, the millions of acres the tribe ceded under the treaty “were a prize the United States desperately wanted.” U.S. negotiators were under tremendous pressure to come up with a deal because the lands occupied by the Yakamas were important in settling the Washington territory.

“Settlers were flooding into the Pacific Northwest and building homesteads without any assurance of lawful title,” Gorsuch recounted. So obtaining the Indian lands east of the Cascades became “a central objective” for the government. “The Yakamas knew all this and could see the writing on the wall.” They knew they would lose their lands, so they needed to “extract from the negotiations the simple right to take their goods freely to and from market on the public highways,” Gorsuch said.

“It was a price the United States was more than willing to pay” and “by any measure it was a bargain-basement deal,” he added.


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