Justice Gorsuch Advocates Originalism in Defense of Tribal Rights
Justice Neil Gorsuch of the United States Supreme Court has linked his originalist legal philosophy to his reputation as a defender of Native American rights. Speaking at a conference organized by the American Revolution 250 Commission in Williamsburg, Virginia, Gorsuch emphasized his commitment to originalism, a legal philosophy that interprets laws based on their original intent. Gorsuch, appointed to the Supreme Court in 2017 by President Trump, has a history of rulings that support tribal sovereignty. He authored the landmark 2020 opinion in McGirt v. Oklahoma, affirming the reservation status of the Muskogee Creek Nation. Gorsuch's remarks highlighted his belief that the original Constitution treated tribes as sovereign entities, akin to states and foreign nations, and that this original understanding should guide current legal interpretations.