"This is another good opportunity to remind tribal leaders that the Court just isn’t interested in Indian issues."

"American Indians should think about that before they talk to their Senators or whomever.

Second, and less important, more evidence about how the Supreme Court’s clerks think about Indian law. On page 54, Toobin repeats what everyone knows — the clerks think of Indian law cases as “dogs.” I guess it’s an improvement from when Justice Brennan called the Indian cases “chickenshit” in The Brethren. This is another good opportunity to remind tribal leaders that the Court just isn’t interested in Indian issues. The Court largely believes it’s obligations in Indian affairs are to make sure that tribal governance doesn’t unduly affect nonmembers and to make sure Interior doesn’t go too far in supporting tribal interests."