6min chapter

Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

When You Take Away the Kids, You Take Away the Future

Amicus With Dahlia Lithwick | Law, justice, and the courts

CHAPTER

Gorsuch's Leaning Into Rule of Law Principles

The power over Indian affairs is plenary, but that power is held by the political branches. And so not only is Gorsuch leaning into his concern about rule of law principles, he's also leaning into his respect for the separation of power in the Constitution between the court and the Congress. He understands that having the court unilaterally abrogated a treaty because it doesn't like the treaty provision is just not really a very good constitutional principle.

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