The Mystery of Gorsuch’s Support for Tribes: Stephen L. Carter

During Justice Neil Gorsuch’s six years on the US Supreme Court, the justices have faced 10 cases involving the rights of Native American individuals or tribes. Every time, Gorsuch has voted in favor of Indian rights—including thrice in the past two weeks. Whether in the majority or the minority, he defends tribal sovereignty with power and passion.

Many have professed amazement that so “conservative” a judge would defend the rights of Indigenous people. It should instead serve as a warning against our tendency to essentialize the justices, to carve out categories of “conservative” and “liberal” to fit our prejudices.

The strength ...