The Originalism of the US Empire

Sally Kohn: I was very upset with Gorsuch when he's like, Oh, those 1880s cases were a dark chapter or not, you know, very bad behavior by the Supreme Court. She says settler colonialism moved away from an explicit warfare and just like outright genocide through mass death to a cultural mode of incorporated genocide. "I think extending the commandeering doctrine as far as the states wanted it would have been a huge assault on tribal nations sovereignty," she says.