Last week, Justice Kavanaugh cast the tie-breaking vote to join the liberals in an antitrust case. But this week, it’s the other Trump appointee crossing over. Justice Gorsuch sided with American Indian treaty rights for the second time this term.
Hosts Kimberly Robinson and Jordan Rubin break down the 5-4 decision in Herrera v. Wyoming, along with the other two opinions from Monday. Those involved pharmaceutical litigation and a mix of bankruptcy and trademark law.
They also try to figure out what’s happening on the “shadow docket” with RBG and Justice Thomas.
With 35 decisions in argued cases down ...