4min chapter

Strict Scrutiny cover image

Ethics, Shmethics

Strict Scrutiny

CHAPTER

The Importance of Compliance With the Bankruptcy Code

Gorsuch: I don't have a ton of sympathy for any entity, like don't care what kind of government they are that's engaged in these practices. Justice Scalia wrote about this in dissent in a previous case called Bay Mills. Now it's possible that these practices could be dealt with separately and independently in the event the court says the tribes are immune under the bankruptcy code. But it would generate difficult cases about when it's really a tribe versus really a private entity operating the bank.

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