Here’s the updated “report card” after today’s Jicarilla Apache decision.
Chief Justice Roberts and Justice Alito continue their “perfect” 0% streak, having not found in favor of tribal interests once during their time on the bench – 7 and 6 cases, respectively. The percentages for Justices Scalia (16.9% ~ 9/53), Kennedy (17.3% ~ 8/46), and Breyer (28.1% ~ 9/32) steadily decline. A special shout-out is in order to Justice Thomas (10% ~ 4/40) as he teeters on the precipice of hitting the single digits.
Not counting Justice Sotomayer (50% ~1/2), who actually wrote a strong (lone) dissent in Jicarilla , Justice Ginsburg (37.1% ~ 13/35) holds the highest percentage of decisions in favor of tribal interests.
Justice Kagan (0/0) still hasn’t been up to bat yet.
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